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Is it legal to record a conversation of someone on my front steps? I understand that it is ok if one party is aware of the recording or if the conversation could be overheard naturally. Does it apply in this situation?

 

I have a no soliciting sign on my front door(residential) and have had a number of groups repeatedly ignore it. I have contacted the home organizations after the first incident. I have video of the same individuals coming back. The last time they were verbally abusive to my wife and a bit threatening. I can see the people in the video but they are not visably physically threatening.

I would like to record the conversation before and after I open the door. My chair is near the window and I can usually hear someone on the steps but....

 

Your help would be greatly appreciated.

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As far as I know, it is legal if you post a sign saying that audio is being recorded. The following is quoted from Louroe Electronics, a maker of high quality microphone systems:

 

"United States Codes, Title 18, Section 2510 (2) states:

Oral communication means any "oral communication" uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation.

 

By definition of the code section, a person cannot have an expectation of privacy, nor can he or she expect that communication will not be intercepted, if there are public signs posted, indicating that the communication is being monitored.

 

The First Amendment of the Constitution provides that any conversation between individuals is private, unless otherwise notified. In simple terms, this means that any overhearing or recording of a conversation is illegal ...unless both parties are aware that it is being done.

 

In order to comply with the law, LOUROE ELECTRONICS provides a disclaimer stating, AUDIO MONITORING ON THE PREMISES. These disclaimers must be affixed, in plain view, to all entrances where the microphones are installed.

 

It is suggested that distributors notify customers, at the time of installation (or sale) of the equipment, that disclaimers must be in plain view at all entrances and exits.

 

In that some state laws may vary, it is further suggested that you consult with your local attorney, and become fully aware of the local laws in this regard.

 

Federal Law References:

Federal Regulations, US Code, Title 18. Crime and Criminal Procedure, Sec 2510. "

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They are on your property, I dont see why not .. its private property right?

They are lucky they dont get more than just recorded ...!

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So, in your experience, this recording would be legal,. I'm checking with an attorney just wanted some real world advice.

 

yeah, Smith and Wesson are next line of defense and everyone in the house is liscenced and capable.

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in the Bahamas its 100% legal, in fact I could place a microphone out on the road if I wanted ..

 

But in the US it is different ... either way, as far as I know, once its private property I dont see a problem - check with a lawyer though.

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OK, The cities lawyer has said," The laws are loosening reguarding audio security. As long as any recordings are not submitted as evidence, or as evidence when recording a direct conversation with the microphone/ property owner, and when they are an active participant in the conversation being recorded, but no prior, nor post direct conversation is admissable."

 

Any recommendations for microphones?

Conditions: Outdoor- under eaves. I have extreme domes attached to single gang boxes. Would micro mics in the gang box work or be screwed up by outdoor environment and cause potential moisture problem in the box?

 

I was looking for low profile but the front of the house is beginning to look like a prison with 2 domes and a ir illuminator now. Maybe something I can attach to the ir illuminator?

 

Thanks

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Louroe has weather resistant mics that are built as electric PVC gang boxes.

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I saw those in my searching (only thing actually), I was wondering if there was anything else out there that you might recommend that is better or smaller.

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After the famous mailman incident at my house there was discussion about the rigth to audio privacy on a private individual's doorstep. I put a sign on the front door, 5x7, laminated, that says "Warning: 24hr CCTV - Audio and Video". I can record what I want now.

 

One of the cameras on my front porch has an audio output as well as video so I just ran a thick guage speaker cable to it from my DVR and soldered RCA ends on it.

 

In this video the audio made the case. Without audio there would be no way to know what was happening.

 

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one day we might have to have several signs in several languages and a interpeter standing by for the english speaking american educated socially supported derilict who is suing you

 

America, what a Country!

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one day we might have to have several signs in several languages and a interpeter standing by for the english speaking american educated socially supported derilict who is suing you

 

America, what a Country!

 

We need more disclaimers.

 

WARNING: ANYTHING YOU POST HERE CAN BE READ BY THE PUBLIC

 

WARNING: PICKING YOUR NOSE AT THE DINNER TABLE WILL MEAN NO SECOND DATE

 

 

(Don't forget that in some countries pointing a CCTV camera in a way that shows people walking past on a public street is a violation of law and invasion of privacy. In the US there is no 'expectation of privacy' in a public place. Hmmm... "Being in Public" means you are no longer "In Private" - what a concept!)

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Thanks for video Scuit. Very sad situation when people just don't care about anyone elses property like that. You are right though, audio is important.

 

Oh yeah, and don't you dare listen to my conversation that I'm SCREAMING into my cell phone while behind you in line. That's private too.

 

Be careful because having sign posted, in multiple languages, does not absolve from the lawsuits all the time. It's amazing what people can get away with in regards to lawsuits.

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Yup, lots of possible things people could hypothetically sue over, you probably need your signs in braille, for the blind, and also with audio playback of the content of the sign so they can hear it... Or they could say they didnt see/feel the sign... Dont forget the audio would need to be in every language presently known to mankind, just to cover your back.. So would the braille...

 

Plus, if you have a sign, theres always the worry your camera may fail, and then someone sues you for not having recorded footage of any incident that they would have expected to be on camera...

 

Then there is the fact, that even with all those signs, it may not be accepted into court anyways for any one of a multitude of reasons, especially if the judge is having a bad day....

 

Dont forget someone could steal the sign, then someone else could come along 5 minutes later, and do something wrong, but the sign was not there, so you would have problems.......

 

You may also need a sign warning people that they may hurt themselves if they try to steal your sign or your camera, just like that fast food chain that got sued because they didnt warn people that hot coffee was indeed - hot....

 

Heck, in the UK if you catch a burgler in your home, and you whack him over the head, chances are its not the burglar that ends up in jail, its the home owner for not using 'reasonable force'....

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Heck, in the UK if you catch a burgler in your home, and you whack him over the head, chances are its not the burglar that ends up in jail, its the home owner for not using 'reasonable force'....

 

In the US if we catch a burglar we tend to whack them in the head with a .45

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I saw the documentation on the coffee incident. Very interesting!

 

It's funny that people always cite the McDonalds coffee incident as an example of lawsuit abuse... But the facts in that case were that McDonalds *WAS* at fault.

 

- The coffee was not just 'hot', it was intentionally served at a temperature that was just off boiling so that poeple could 'drink it when they got home'

 

- The woman suffered 3rd degree burns, tissue loss and required numerous skin grafts. Coffee served at a drinkable temperature doesn't do that.

 

- The woman was not driving the car at the time the coffee spilled. She was a passenger, and the car was parked when it spilled.

 

- McDonalds had been sued numerous times before for their near-boiling coffee, each time settling out of court with no admission of liability - and then doing nothing to reduce the temperature of the coffee.

 

 

Wiki and Snopes both have good writeups.

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OK, More interesting is the case where the thief sued the home owner when he fell through there skylight while accessing their house. He admitted to breaking in, but won for personal injury, pain and suffering, and medical expenses against the homeowner because it happened on their property. They had to file bakruptcy and sell the house to pay him off in the lawsuit that the thief brought against them for being hurt while robbing them. That's just wrong on all accounts. Gotta love our legal system.

 

anyway, anyone know about the microphones?

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don't know, have to check. I think on some models, others are phone system with video. currently just positing options.

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