Adding audio to video survelliance system

[donovanatee]

What is the name of your state? MASSACHUSETTS

Please be advised that this was previously posted in real estate law under "neighbors & boundaries. It was suggested that I re-post in this criminal section of the forum

We are engaged in a "he said, she said" battle of credibility with our next door neighbors.
Police have been called to the neighborhood dozens of times over the past 2 years.
These people have explosive fits and scream outrageous accusations and threats against my family. The wife is a particularly convincing pathological liar, and we are basically in a battle of credibility where the police department is concerned, although they are trying to help reduce the continually escalating hostilities between the parties.

We have a decent survelliance system with cameras posted around our property and some angles view the street and abutting propertys in addition to our own. As a result of videos presented to the police, seven criminal charges have been filed against the
neighbors (husband & wife).

I have sound on my system and have also looked into adding a high gain microphone, which would be placed in the middle of my yard, next to the infrared camera in one of my trees. This is a horrible way to live, but I can't sell the house, and I feel that if I could just prove what these people say to us on a regular basis, they would stop. The police chief told me there is no way I can use audio to record noise on my property.

The question: Would using sound on my survelliance system on my outdoor property
be against the law? What is "ambient noise", and how might it apply to the legality
of recording the noise heard from my property? Is there any legal way to record audio of what can be easily heard in the middle of my yard in Massachusetts? Thanks.

 

[Quaere]

Mass. G.L. on Interception of Wire and Oral Communication is found here:
http://www.mass.gov/legis/laws/mgl/272-99.htm

Taking the statute as a whole, it is quite clear that recording someone is a crime only if it is done without his knowledge. A sign on your property, in full view of the offending neighbors, stating that your property is protected by AUDIO and VIDEO recording equipment, should be sufficient.

Care should be taken to ensure the audio equipment is only sensitive enough to pick up sounds that reach your own property.

I know you are looking for case law to support your plan but the only way there would be case law, is if some idiot tried to prosecute someone for OPENLY taping something on his own property. The statute is very clear so I doubt there has been such a case.

The best I can tell you is that in the absence of a law that prohibits such taping, you are free to do so. There is no Federal law against it, your State does not have a law against it, and as long as there is no local law prohibiting recording, you are good.

Also, it is important to note that freedom to record something is very different than how you may later USE that recording.

 

[lcannister]

Suggestion read the previous thread started on this topic before responding. There are 6 pages of responses

 

[lcannister]

it is quite clear that recording someone is a crime only if it is done without his knowledge. A sign on your property, in full view of the offending neighbors, stating that your property is protected by AUDIO and VIDEO recording equipment, should be sufficient.

Please point out in the following post from that other thread (where this issue was addressed with the appropriate legal section) where it states "KNOWLEDGE", as I read it it clearly states "CONSENT". Consent is not a sign in the yard! It has been pointed out to you by those even living in Mass. that you were WRONG on this issue and you persist.

Mass. Ann. Laws ch. 272 , § 99: It is a crime to record any conversation, whether oral or wire, without the consent of all parties in Massachusetts. The penalty for violating the law is a fine of up to $10,000 and a jail sentence of up to five years.

Disclosure of the contents of an illegally recorded conversation, when accompanied by the knowledge that it was obtained illegally, is a misdemeanor that can be punished with a fine of up to $5,000 and imprisonment for up to two years. Civil damages are expressly authorized for the greater of actual damages, $100 for each day of violation or $1,000. Punitive damages and attorney fees also are recoverable.

This is from your own link!!

4. The term “interception” means to secretly hear, secretly record, or aid another to secretly hear or secretly record the contents of any wire or oral communication through the use of any intercepting device by any person other than a person given prior authority by all parties to such communication

 

[donovanatee]

Meaning of "consent"

It appears that the matter comes down to the meaning of the word "consent".

Is that verbal consent, written consent, consent by smoke signal, or implied consent?

When you leave a message on someone's voicemail, you know you are being recorded.
Is this called implied consent?

If you have a giant sign in your yard that says OUR PROPERTY IS PROTECTED BY VIDEO AND AUDIO RECORDING, and someone screams at the top of his lungs so loud it can be heard half way down the road, is that not also implied consent?

 

[Just Blue]

It appears that the matter comes down to the meaning of the word "consent".

Is that verbal consent, written consent, consent by smoke signal, or implied consent?

When you leave a message on someone's voicemail, you know you are being recorded.
Is this called implied consent?

If you have a giant sign in your yard that says OUR PROPERTY IS PROTECTED BY VIDEO AND AUDIO RECORDING, and someone screams at the top of his lungs so loud it can be heard half way down the road, is that not also implied consent?

And how are you going to prove, in court, that EVERYONE who is recorded actually READ the sign?

 

[Ozark_Sophist]

And how are you going to prove, in court, that EVERYONE who is recorded actually READ the sign?

At night? When the sign is buried by snow? Faded by the sun?

 

[mommyof4]

...or if it is night time, even SAW the sign? Are you going to light it up? What about the kids or persons who cannot read?

Let's just imagine that a child, who cannot read, describes everything he is doing as he is vandalizing your property. (remember, this is an imaginary scenario). You have it on the tape. You take the tape in to prove that you know who is the culprit. Then, it's found that the child can't read. Ergo, no consent. Guess who gets to face charges?

A better way may be to carry a personal voice activated recorder on you when you might encounter these people. Give notice (both verbal and written) that you will be recording every word exchanged. That way, if they do keep running their mouths, then yes, I could see it as implied consent, but you don't run into the issues of possible legal issues of recording others without consent. Keep in mind this is just an idea that I had. It may not be possible, either.

Run that by your atty and see what he or she says.

 

[xylene]

I'm gonna beat my neighbor to death. He flipped off my kids...

Pathetic. Ok Tony Skoprano.

Look up M@sshole in your dictionary - what a great engraved likeness - of you.

 

[Ozark_Sophist]

Make sure the sign in English, Spanish, French, German, Russian, Latin, Arabic, Hebrew, Yiddish, Norweigan, Icelandic, Chinese, Japanese, Martian, Egyptian, and Italian with letters large enough so Magoo can read it from the street. But remember, there are probably sign codes for your neighbor that restrict signs. You might not even be able to put up a sign anywhere.

 

[donovanatee]

And how are you going to prove, in court, that EVERYONE who is recorded actually READ the sign?

It's not for court. It's just to prove to the cops, when they show up, that the neighbors
are lying so that I am not charged with some bogus allegation. I am trying to stay
OUT of court. I am trying to PREVENT crime, not commit it.

You haven't answered the question about the legality of the matter.

Reasonable people here know they speak English and can read the sign.
Don't be ridiculous.

What constitutes consent?

 

[donovanatee]

I'm gonna beat my neighbor to death. He flipped off my kids...

Pathetic. Ok Tony Skoprano.

Look up M@sshole in your dictionary - what a great engraved likeness - of you.

Is that your legal advice?

 

[donovanatee]

Make sure the sign in English, Spanish, French, German, Russian, Latin, Arabic, Hebrew, Yiddish, Norweigan, Icelandic, Chinese, Japanese, Martian, Egyptian, and Italian with letters large enough so Magoo can read it from the street. But remember, there are probably sign codes for your neighbor that restrict signs. You might not even be able to put up a sign anywhere.

Wrong. Bldg. dept. already o.k.'d it.

 

[donovanatee]

...or if it is night time, even SAW the sign? Are you going to light it up? What about the kids or persons who cannot read?

Let's just imagine that a child, who cannot read, describes everything he is doing as he is vandalizing your property. (remember, this is an imaginary scenario). You have it on the tape. You take the tape in to prove that you know who is the culprit. Then, it's found that the child can't read. Ergo, no consent. Guess who gets to face charges?

A better way may be to carry a personal voice activated recorder on you when you might encounter these people. Give notice (both verbal and written) that you will be recording every word exchanged. That way, if they do keep running their mouths, then yes, I could see it as implied consent, but you don't run into the issues of possible legal issues of recording others without consent. Keep in mind this is just an idea that I had. It may not be possible, either.

Run that by your atty and see what he or she says.

I am trying to avoid being the victim of false allegations. Period.

Audio recording would keep everybody honest. No more "he said she said".


I will ask my atty about your suggestions. Thanks.

 

[Ozark_Sophist]

The pizza delivery man who delivers after dark. The Hispanic landscapers who speak english but don't read it. The two little ladies walking by on their morning walk gossiping. The audio surveillance affects all of these people and more.

You seem to understand and read English, yet you continue to lambast people for their advice as "not legal advice." I suggest you scroll to the bottom of the page where you can read this

FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues.

Or to the top of the page under the large heading, "FreeAdvice"

Outstanding Advice. Unbeatable Price.

Or in the Terms and Conditions.


Tell me, where do you find the phrase, "Legal Advice."