Security Cameras

[kayti23]

What is the name of your state? California

Please tell me where to post if this is not the right forum.

We have many teens on our block, and they gather in the street and smoke and burn things and yell at us from the anonymity of the darkness and their numbers. They play dumb when confronted about the things they yell. They snicker when I come outside. Possibly unrelatedly, someone on our block likes to play with the mailboxes, sometimes putting all the outgoing-mail-indicating flags up on the whole block, and I recently received garbage in my mailbox. I am afraid that next will be stolen mail or harm to our cars which we park in our driveway and in the street and which, like the mailbox, we can't see from the house. So we have bought a security camera.

My question is whether there is anything we should know about the legality of the use of the camera. We would attach it to the frame around our garage door and aim it across our parking lot down to the street where the mailboxes are. The mailboxes are not on our property. Is it illegal to put this camera out? If it captured images of someone destroying or stealing property or mail, would the images be admissible as evidence against the guilty party? I've spoken to other neighbors, and they have had small statues stolen and trees toilet-papered, but they only put out a sign SAYING they had security cameras in use; they didn't actually put out any cameras.

Any advice would be appreciated.

 

[msiron]

They probably just put up the signs because it's cheaper and less work.

Install the cameras & your signs on your property and tape away, hopefully you have night vision or bright backlight and will catch the punks doing this.

They have no right to any privacy in the open/public concerning video.

Below code concerns audio.
----------------------------
Cal. Penal Code §§ 631, 632: It is a crime in California to intercept or eavesdrop upon any confidential communication, including a telephone call or wire communication, without the consent of all parties.

It is also a crime to disclose information obtained from such an interception. A first offense is punishable by a fine of up to $2,500 and imprisonment for no more than one year. Subsequent offenses carry a maximum fine of $10,000 and jail sentence of up to one year.

Eavesdropping upon or recording a conversation, whether by telephone (including cordless or cellular telephone) or in person, that a person would reasonably expect to be confined to the parties present, carries the same penalty as intercepting telephone or wire communications.

Conversations occurring at any public gathering that one should expect to be overheard, including any legislative, judicial or executive proceeding open to the public, are not covered by the law.

An appellate court has ruled that using a hidden video camera violates the statute. California v. Gibbons, 215 Cal. App. 3d 1204 (1989). However, a television network that used a hidden camera to videotape a conversation that took place at a business lunch meeting on a crowded outdoor patio of a public restaurant that did not include "secret" information did not violate the Penal Code's prohibition against eavesdropping because it was not a "confidential communication." Wilkins v. NBC, Inc., 71 Cal. App. 4th 1066 (1999).

Anyone injured by a violation of the wiretapping laws can recover civil damages of $5,000 or three times actual damages, whichever is greater. Cal. Penal Code § 637.2(a). A civil action for invasion of privacy also may be brought against the person who committed the violation. Cal. Penal Code § 637.2.

 

[las365]

If you haven't already, you might contact the police to see if they would do patrols on your street on the nights that the activity you describe is the highest.

Also contact the postal service regarding the shenanigans with the mailboxes. The flag thing is probably not actionable, but I'm guessing they would take garbage being placed into mailboxes (by someone other than a postal carrier, heh) pretty seriously.

 

[TewlMan]

As mentioned by msiron, you need to be sure of the law ... statutory law as written & case law as decided within your jurisdiction.

I've been audio/video recording a nest of trash across the street from my place for about six months, & I just found out today that a local APA considers my 'evidence' to be inadmissible.

The issue in my case is digital recording with a webcam, & the admissibility of digital files.

The files in question document the past six months & are highly representative of the past seven years. They include literally hundreds of examples (in the past six months alone) of everything from trashy, low-rent-nuisance-level-behavior to grievous levels of domestic violence & serious threats to public safety (routine reckless driving, etc).

A review of documented, chargeable offenses reveals several years in county jail time on fireworks offenses alone.

I'm 46 years old, have been on my own since age 15, & have a lifelong history of getting along with my neighbors ... however difficult they may be. This is different, & a situation completely beyond my scope of previous experience.

What I've learned here is that when faced with something like this, you have to be prepared to live with it, go the distance, or just move. If moving isn't an option, that leaves living with it or going the distance in defense of yourself & your community.

What I've tried to do is approach it incrementally, & go no further than absolutely necessary. It appears that so far as the courts are concerned I've wasted a good deal of time & effort collecting data that they won't accept.

Now I'm considering youtube ... youtube'll eat it, youtube'll eat anything!

Seriously ... if that's what it takes to force a valid response from the city, then so be it.

What I'm suggesting to you is that you take no action until you're absolutely certain of what you're doing, & then make it count. The very worst thing that you can do is shoot & miss.

TewlMan

 

[TewlMan]

As mentioned by msiron, you need to be sure of the law ... statutory law as written & case law as decided within your jurisdiction.

I've been audio/video recording a nest of trash across the street from my place for about six months, & I just found out today that a local APA considers my 'evidence' to be inadmissible.

The issue in my case is digital recording with a webcam, & the admissibility of digital files.

The files in question document the past six months & are highly representative of the past seven years. They include literally hundreds of examples (in the past six months alone) of everything from trashy, low-rent-nuisance-level-behavior to grievous levels of domestic violence & serious threats to public safety (routine reckless driving, etc).

A review of documented, chargeable offenses reveals several years in county jail time on fireworks offenses alone.

I'm 46 years old, have been on my own since age 15, & have a lifelong history of getting along with my neighbors ... however difficult they may be. This is different, & a situation completely beyond my scope of previous experience.

What I've learned here is that when faced with something like this, you have to be prepared to live with it, go the distance, or just move. If moving isn't an option, that leaves living with it or going the distance in defense of yourself & your community.

What I've tried to do is approach it incrementally, & go no further than absolutely necessary. It appears that so far as the courts are concerned I've wasted a good deal of time & effort collecting data that they won't accept.

Now I'm considering youtube ... youtube'll eat it, youtube'll eat anything!

Seriously ... if that's what it takes to force a valid response from the city, then so be it.

What I'm suggesting to you is that you take no action until you're absolutely certain of what you're doing, & then make it count. The very worst thing that you can do is shoot & miss.

TewlMan

 

[TewlMan]

Clearly Confuzzled

I have no idea how the double posting happened, but the worst thing about computers is that they have a way of doing what you tell them to do.

My Bad, TewlMan

 

[HomeGuru]

I have no idea how the double posting happened, but the worst thing about computers is that they have a way of doing what you tell them to do.

My Bad, TewlMan

**A: you are correct. I tell mine to respond to FA posts and it's done.

 

[TewlMan]

With a post-rate of around 25 per day ? ... more than 700 per month & all but 9,000 per year ?

... I guess so.

TewlMan