# Video Taping without permission



## Concerned Mother (Oct 31, 2008)

I live in a condo and have a neighbor across the hall that has placed a video camera in his front window so he can tape children coming and going into the condo. There is nothing posted saying there is surveillance. He does not have permission from the condo association to do this. Is this illegal?


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## irish937 (Sep 13, 2005)

Not illegal, as long as it is only video and not audio. You cannot voice record without notifying the other first, unless other circumstances exist that are limited to specific types of criminal investigations. Notification can come by a sign (posted in a conspicuous place) or verbally, but you need to be advised. The condo association may have some sort of by-law against this, but there is nothing criminal. If I read your post correctly, the camera is inside the house and not mounted to the exterior of the structure. If that is the case, I do not see how any action could be taken at all, either criminally or administratively through the association.


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## Concerned Mother (Oct 31, 2008)

The camera is in his house but he is filming the outside which is a common area. I thought it would be an invasion of some sort.. Is there anything that can be done.. He is filming children..


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## Tuna (Jun 1, 2006)

Why don't you knock on the door and ask him. You may get an answer but also make him aware that you know about the filming. Can't hurt to try.


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## kwflatbed (Dec 29, 2004)

Concerned Mother said:


> The camera is in his house but he is filming the outside which is a common area. I thought it would be an invasion of some sort.. Is there anything that can be done.. He is filming children..


How do you know that he is just filming the children??


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## Nuke_TRT (Feb 10, 2008)

Generally, it is perfectly legal to videotape or photograph any person and anything while on public property, except:

- You cannot take pictures of areas that are usually considered private such as bedrooms, bathrooms, changing rooms, locker rooms, hotel rooms and so on 
- Certain public places have banned the use of cameras such as mass transit systems, courthouses, capital buildings, secured government buildings, jails or prisons unless you obtain written permission 
- You cannot film or photograph if it interferes with police, fire, medical or emergency operations

There are also restrictions on videotaping and photographing on private property:

- If the private property is open to the public, such as retail stores, private stadiums or tourist areas, filming may be allowed unless there are signs posted that expressly forbid videotaping or photography 
- If the private property belongs to someone other than a commercial business, you had better get the property owner's permission

The camera is in his dwelling recording a "common area". By this statement alone there is no expectation of privacy. For invasion of privacy to kick in the place must be truly "Private" such as inside a house. But your common area is not totally private place. It is accessible to the public view.

Unless you can show that he is recording someone else's dwelling, where there would be an expectation of privacy, then I don't believe you have a leg to stand on.


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## KozmoKramer (Apr 25, 2004)

NUKE said:


> ...then I don't believe you have a leg to stand on.


Were he filming my kids, neither would he Nukah.







*+ *


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## Nuke_TRT (Feb 10, 2008)

+1

OK, let me re-phrase Koz. there are options I would not suggest on a public forum.

Send in the trunk monkey.


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## Kilvinsky (Jan 15, 2007)

Tuna said:


> Why don't you knock on the door and ask him. You may get an answer but also make him aware that you know about the filming. Can't hurt to try.


That's an excellent point. God knows why he's doing it, could be he's convinced that he'll catch some sort of crime in progress and/or he's out to protect his interests.

Or he's a total nut job or a total deviate. If he's on notice it may discourage deviant behavior.


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## 7costanza (Aug 29, 2006)

If you plan on going and knocking on his door, either bring someone with you or let someone know where your going first, you never know today...


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## Kilvinsky (Jan 15, 2007)

7costanza said:


> If you plan on going and knocking on his door, either bring someone with you or let someone know where your going first, you never know today...


*Excellent advice!* Had I not had a brain fart I might have thought of that.


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## Concerned Mother (Oct 31, 2008)

I know he is filming children because he told us he was. He was filming all the kids that were coming and going into the condo. The building is secure so you need to be let in unless you have a key...


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## CJIS (Mar 12, 2005)

Right now at this point there is no action that can be taken by the police. I would suggest contacting the Condo Association or whomever is in charge of the condos and let them know. Who knows it may be against the rules of the Condo Assc. At best you would have a civil case between him and the Condo Assc.


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## Nuke_TRT (Feb 10, 2008)

And what did he say the purpose was to film all the kids entering the building? Is he just a paranoid twit, or do you believe there is a more nefarious reason to the filming; and if so what makes you lean in the direction?

The condo association may be your best bet. If there is no rules currently on it, you can amend the rules to include something that restricts the use.


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## Kilvinsky (Jan 15, 2007)

how would a laser pointer aimed at the lens work?


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## Concerned Mother (Oct 31, 2008)

CJIS said:


> Right now at this point there is no action that can be taken by the police. I would suggest contacting the Condo Association or whomever is in charge of the condos and let them know. Who knows it may be against the rules of the Condo Assc. At best you would have a civil case between him and the Condo Assc.


They know and there is not much they say they can do.


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## DAMM (Jun 4, 2008)

You should change your name to Paranoid Schizo Mother...

THINK ABOUT IT! If he openly says he's video taping the children coming in, chances are he's NOT a fucking diddler. THINK! 

If you were a diddler, what is the last thing you are going to do? Well chances are, you're not going to want to draw attention to yourself. 

Maybe the guy's sick of all the out of control kids stomping around on the floor above him. Maybe he's trying to find out who's kids are doing something stupid the kids do. Who knows, who cares, but chances are you're just being paranoid. Stop watching How to catch a Predator for a day. Have your husband go talk to the guy and ask him WHY, instead of assuming that everyone is out there trying to molest, cook and then serve your kids for dinner. Check the SORB and see if he's on there.


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## 7costanza (Aug 29, 2006)

> Maybe the guy's sick of all the out of control kids stomping around on the floor above him. Maybe he's trying to find out who's kids are doing something stupid the kids do. Who knows, who cares, but chances are you're just being paranoid. Stop watching How to catch a Predator for a day. Have your husband go talk to the guy and ask him WHY, instead of assuming that everyone is out there trying to molest, cook and then serve your kids for dinner. Check the SORB and see if he's on there.


DAMM....you seem a little defensive about a mother concerned about her children being video taped which any normal person would be........is it possible we just fugurd out who the culprit is...


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## justanotherparatrooper (Aug 27, 2006)

DAMM said:


> You should change your name to Paranoid Schizo Mother...
> 
> THINK ABOUT IT! If he openly says he's video taping the children coming in, chances are he's NOT a fucking diddler. THINK!
> 
> ...


Damm...When you know absolutely nothing about a subject you should keep your damn mouth shut.


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## csauce777 (Jan 10, 2005)

Nuke_TRT said:


> - If the private property is open to the public, such as retail stores, private stadiums or tourist areas, filming may be allowed unless there are signs posted that expressly forbid videotaping or photography
> - If the private property belongs to someone other than a commercial business, you had better get the property owner's permission


A retail or other commercial establishment can simply tell you they don't want you video taping/photographing inside their building. If you continue to do so, they can ask you to leave their property. It's not like a public street or park.

As far as the video camera INSIDE the condo goes...theres not a thing anyone can do, unless there happens to be some random association rule governing camera use inside one's own condo, and I doubt it.


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## MDSP2597 (Jun 12, 2006)

Can't hurt to have extra eyes and ears with you, plus there should be safety in numbers.


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## Concerned Mother (Oct 31, 2008)

I never said he was a diddler you fucken twit!!! I am a SINGLE mother of a teenage son with a physco for a neighbor. The man is always verably abusing my son (and other children) and now taping everone that enters the building (there are only 4 units) he doesn't even own (the rest of us do) he free loads off his girlfriend who does own. How would you like to come home every day and wonder if he is sitting on the steps or waiting in front of your door to torment you or your child. Or get calls at work from your child saying that he is harassing you.. He has said and thinks I should be able to watch my child 24 7.. Mind you he does not have any children or raised any of his own.. So I guess you along with him think I should quit my job and go on welfare so you can all support me so i can be home 24 7 to watch everything my son does!!!! Maybe you should get all the facts before you start shoting your mouth off!!


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## dcs2244 (Jan 29, 2004)

Concerned Mother said:


> I never said he was a diddler you fucken twit!!! I am a SINGLE mother of a teenage son with a physco for a neighbor. The man is always verably abusing my son (and other children) and now taping everone that enters the building (there are only 4 units) he doesn't even own (the rest of us do) he free loads off his girlfriend who does own. How would you like to come home every day and wonder if he is sitting on the steps or waiting in front of your door to torment you or your child. Or get calls at work from your child saying that he is harassing you.. He has said and thinks I should be able to watch my child 24 7.. Mind you he does not have any children or raised any of his own.. So I guess you along with him think I should quit my job and go on welfare so you can all support me so i can be home 24 7 to watch everything my son does!!!! Maybe you should get all the facts before you start shoting your mouth off!!


I trust that your invective is not directed at the entire group...if you have a problem with a particular commenter (and apparently you're not the only one here that has a problem with the commenter in question), just precede your comment with the offender's handle. If his comment is egregious enough, a ton of folks here will jump in and "flame-on"


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## KozmoKramer (Apr 25, 2004)

Hey, take it easy Mrs. Kravitz.
You left an awful lot of information out in your original entry.

It's gone from


> a video camera in his front window so he can tape children coming and going into the condo


 to


> I am a SINGLE mother of a teenage son with a physco for a neighbor. The man is always verably abusing my son (and other children) and now taping everone that enters the building..


You also neglected to mention the so called "verbal abuse".
Maybe you should be up front about your neighbor troubles before you start shooting your mouth off.
This discord is deeper than you led the members to believe and I think (based on your little tirade there) you and-or your teen angel are part of the problem.


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## Nuke_TRT (Feb 10, 2008)

+1


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## Kilvinsky (Jan 15, 2007)

I still got a slight problem with how DAMN worded his statement, but I am, like the rest of you having a few second thoughts about ConcernedMother's angle here and what lead up to this little problem.

And let's not forget, 14-16 is a teen and sure as hell isn't a grown up, but a child. I can't fault her there, but she didn't give an age, so...

Concerned Mother, I don't think anyone on this forum wants you on welfare, for SO MANY reasons, and of course you can't watch your kid 24/7. If he's harassing your kid and others, well, have you ever given thought to a mediator from the condo association? As for not owning? Well, if he lives with his girlfriend and she DOES own, it's a bit of a moot point. Otherwise, monitor the situation and chill out, OR what the heck, buy a video camera and aim it at HIS unit....er, condo. What's the worst that could happen?


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