Is it illegal to take photos in my windows?

[AmosMoses]

Souix

I hope you didn't think I was referring to what you said as wacky...I was referring to the situation in general, and specifically this crazy nut psycho stalking neighbor woman! I agree with you 100%, but I'd try to use a little caution in doing it...It would be double the fun for aloha to straighten her out like that, then look all sweet and innocent if the nut called the cops. "Hey, I didn't point a gun at her...I was sweeping the porch". Turn the tables on her, cuz I guarantee you the cops probably think aloha is imagining it or blowing it out of proportion. Put the nut jacket on the b&^%# next door, AFTER you scare the living s&^$ out of her, I say!!!

 

[Souix]

Oh no its ok....I was waiting for this one to come up again so I could add to my previous post.

 

[nhunsb1]

Thought you might be interested in this...


CALIFORNIA CODES
CIVIL CODE
SECTION 1708-1725


1708.8. (a) A person is liable for physical invasion of privacy
when the defendant knowingly enters onto the land of another without
permission or otherwise committed a trespass, in order to physically
invade the privacy of the plaintiff with the intent to capture any
type of visual image, sound recording, or other physical impression
of the plaintiff engaging in a personal or familial activity and the
physical invasion occurs in a manner that is offensive to a
reasonable person.
(b) A person is liable for constructive invasion of privacy when
the defendant attempts to capture, in a manner that is offensive to a
reasonable person, any type of visual image, sound recording, or
other physical impression of the plaintiff engaging in a personal or
familial activity under circumstances in which the plaintiff had a
reasonable expectation of privacy, through the use of a visual or
auditory enhancing device, regardless of whether there is a physical
trespass, if this image, sound recording, or other physical
impression could not have been achieved without a trespass unless the
visual or auditory enhancing device was used.
(c) A person who commits physical invasion of privacy or
constructive invasion of privacy, or both, is liable for up to three
times the amount of any general and special damages that are
proximately caused by the violation of this section. This person may
also be liable for punitive damages, subject to proof according to
Section 3294. If the plaintiff proves that the invasion of privacy
was committed for a commercial purpose, the defendant shall also be
subject to disgorgement to the plaintiff of any proceeds or other
consideration obtained as a result of the violation of this section.


If you would like more info check out

http://www.leginfo.ca.gov/calaw.html

 

[aloha43]

Most of the time, she is taking the pictures from her yard. I think this is part of my problem. The Mobile homes are only approx 20 feet apart, with the fence closer to my home than hers. Which means that she can get closer to my window with out leaving her property. But she has leaned as far over the fence to take the pictures. Far enough over, that she almost toppled over, head first!

Come to find out, by her own admission, that she has been shot in the head by her own son (which her daughter witnessed from 5 feet away), and is on all sorts of medications for her many, many ailments. She stated that she's on Anti depressants, anti anxiety drugs, and that she has degenerative bone disease, otieo-arthritis, bone spurs, scoliosis, loss of sleep, and headaches. I have this in her own writing on the un-filed restraining order that she tried to get against us. In other words, it is evident that she's totally playing on the "disabled" thing.
Do you think all these medications might make her a little off....?

 

[Boxcarbill]

The Devil's advocate:

There are a few things which bother me about this story.

(1) First a number of people from Sheriff's deputies to judges have seen and spoken to this woman and apparently they didn't find her to be the psycho-deranged lunatic that you describe. Judges, in particular, are extremely insightful into the human condition. So the fact that the judge dropped the restraining order tells me that, different from us here on this website, the judge got to hear from and observe both the litigants--you and her.

(2) You have a video camera located on your property pointing at her property and you are outraged about her having a still camera and standing on her property and leaning over forward and photographing you and your property?

Now I understand that you would like to draw the distinction that you are not filming inside her window and she is filming inside yor window. So let me explain something about exposure and film latitude to you. Print film has a much greater exposure latitude than slide film which is why John Q. Public shoots print film rather than slide film. But using print film and standing outside in the sunshine and shooting at an open window is going to produce, at the very best image possible, the front of a house with a black square for the open window. You just cannot film a subject, even with print film, that has that great a latitude in light exposure. It cannot be done by anyone, period. So the picture taking is producing at best lots of images of the front of your house but absolutely nothing of what is happening inside it and the filming is producing an irritant to you. Now, if she is shooting at night, at a lighted interior, then she is getting a picture of what is happening inside the house but that can be very easily cured by you pulling your drapes at night.

(3) I would certainly not pull a gun on anyone if I were not planning to pull the trigger. And if anyone pulled a gun on me, I would not wait to find out if it was loaded or even if it was a real gun. I would use deadly force in response. Don't ever point a gun at anyone unless you mean to use it because that is exactly what the other party is under the law allowed to presume in their reaction to your pulling a gun on them.

 

[AmosMoses]

I would much prefer screwing around with her, if you will, with some other method than a gun...with the video camera, perhaps, because pointing a gun at anyone, especially a nut wacko, is, as Boxcar pointed out, a great way to get shot!!

 

[aloha43]

(1) First of all, the sheriff's dept said they could do nothing without the restraining order. Second, the judge didn't speak to either of us. He went straight to mediation without taking into consideration my fears. He thinks of it as just neighbors squabbling.

(2) I placed my security camera only long after she had been cussing and flipping us off (everytime she saw us), yelling at my son and his friends, and threatening to kill our cats and to "Go off on us"!. She had already been pointing her camera into our windows and taking pictures of us inside our home, day or night for a long time, and she had admitted to theft and tresspassing on our property.

We felt we had to invest in the camera to CATCH her in the act. What we didn't realize until we got the camera, was that she waits till we leave and does most of her photo taking when we're gone.

Our camera is not pointing at her door, windows, nor anywhere pointed directly at her. It is pointing in our yard, getting only part of her hard. The Sheriff said that was OK, as long as we don't point it directly into her windows.

The difference is, she's taking invasive photos of us and our home, we're only trying to prove it.

I have done nothing to her.

(3) The gun idea is not an option.

Debbie

 

[Ayla]

If a man were caught taking pictures in your windows, he surely would have been arrested.

Change your 3' fence to a 6' high stockade style fence. That will put a stop to the peeping and pictures.

Take your videos to your local tv news or newspaper station and ask for their assistance. A little publicity may persuade the sherriffs office as well as CPS to do the right thing.

 

[Souix]

I have gleaned from your previous posts that you live in a mobile home park? If so, have you reported this behavior to the park manager?

Also you questioned her aberrant behavior to perhaps being due to the drugs she is on. I think its because of the gun shot to the head.

Disgorgement???? Doesn't that mean to vomit? In response to the post of nh.

Ok so the getting a gun isn't an option.....I guess thats just for us country folk living out in the boonies....lol......have you tried befriending her? The old cliche', If you can't beat em, join em"

 

[aloha43]

Yes, we do live in a Mobile home park. The management has been dealing with her for months now, but they are quite lazy, and it's been a hard process. Because of how hard it is to evict someone, it is a lengthy process. They have already served her with 2 notices of conduct....to my understanding, it takes 3 before they can even think of starting eviction proceedings.

There are also other neighbors who have experienced her rage yelling at children.....One of who came to court with me, but the judge wouldn't even ask any questions.

As far as the fence goes, park rules-no taller than 3 feet between the homes.

I thought of the newspaper angle, but I didn't want to anger the judge.............

 

[Souix]

So has management actually started the eviction process?

 

[aloha43]

To my knowledge, there have been only 2 notices to her....3 to start the eviction process......But we all own our mobilehomes, that makes it hard to evict.

 

[HomeGuru]

To my knowledge, there have been only 2 notices to her....3 to start the eviction process......But we all own our mobilehomes, that makes it hard to evict.

**A: no it does not make it hard to evict. The property that you live in is a mobile home park and unless the mobile home owners own the land/park, th ey are considered tenants. Any violation of the House Rules and their lease agreement make then subject to eviction. You need to put more pressure on the management company. Get your neighbors to help you.

 

[aloha43]

Yes, the mobile home owners DO own the land. We only pay rent for the space.

 

[Souix]

Yes, the mobile home owners DO own the land. We only pay rent for the space.

***If the mobilehome owners do own the land, why are you paying rent on the space too? If you own the land, you should only have a small association fee for a PUD (Planned Unit Development), and even then, the association's bylaws should have some provisions with regard to what is happening.***