Re: audio surveillance public place

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On 4/04/08, Tony wrote:
> Is it legal for our crazy neighbor across the street to have 9
> audio+video cameras pointed in our childrens bedroom windows as
> well as ALL the windows of the front or our home?They are AUDIO
> equipted and tape our conversations from our front yard,garage
> and also INSIDE OUR HOME! We have called the local police and
> they have viewed as well as listened to these tapes and they
> tell us it is NOT illegal! We live in Connecticut. Can anyone
> shed some light on this for us? Thanks...Tony

Tony:

Connecticut has a fairly strict “eavesdropping
statute. “Mechanical overhearing of a conversation”
(see definition below) is a felony in Connecticut.
If a person uses a recording device hooked up to a
sensitive microphone, that is illegal unless they
have the permission of at least one person involved
in the conversation. The people being eavesdropped
on must also have a reasonable expectation of privacy.
If you are in a public place like a store you probably
don’t have a reasonable expectation of privacy.
However, if you are in your house and speaking in a
voice that could not be heard beyond the boundaries
of your property without the assistance of a
“mechanical device” then you do have a reasonable
expectation of privacy.

The audio recording you described is clearly a
violation of Conn. Gen. Stat. § 53a-189.

Conn. Gen. Stat. § 53a-187 (2008) [Eavesdropping]

§ 53a-187. Definitions. Applicability.

(2) "Mechanical overhearing of a conversation"
means the intentional overhearing or recording
of a conversation or discussion, without the
consent of at least one party thereto, by a
person not present thereat, by means of any
instrument, device or equipment.

§ 53a-189. Eavesdropping: Class D felony.

(a) A person is guilty of eavesdropping
when he unlawfully engages in wiretapping or
mechanical overhearing of a conversation.

(b) Eavesdropping is a class D felony.
******
Connecticut law appears to deal with video recording
under its Voyeurism law. See below. The video
recording you described may be illegal under Conn.
Gen. Stat. § 53a-189a. I found one case where a
conviction and lawsuit followed an act of video
voyeurism. See below.

Conn. Gen. Stat. § 53a-189a (2008) [Voyurism]

§ 53a-189a. Voyeurism: Class D felony.

(a) A person is guilty of voyeurism
when (1) with malice, such person knowingly
photographs, films, videotapes or otherwise
records the image of another person (A)
without the knowledge and consent of such
other person, (B) while such other person
is not in plain view, and (C) under
circumstances where such other person has
a reasonable expectation of privacy, or (2)
with intent to arouse or satisfy the sexual
desire of such person or any other person,
such person knowingly photographs, films,
videotapes or otherwise records the image
of another person (A) without the knowledge
and consent of such other person, (B) while
such other person is not in plain view, and
(C) under circumstances where such other person
has a reasonable expectation of privacy.

(b) Voyeurism is a class D felony.

Case law on voyeurism:
Wilderman v. Powers, 2007 Conn. Super. LEXIS 1001 (Conn. Super.
Ct. 2007)

On August 5, 2005, Gregory Powers, without the plaintiffs'
knowledge, entered the plaintiffs' property, approached
the window of the bathroom, and photographed or attempted
to photograph Lisa Wilderman in a partial state of undress.
While outside the bathroom window, Gregory Powers struck the
bottom of the window with his camera, and as a result, Lisa
Wilderman became startled, and noticed the camera and hand
holding it. She contacted police, which resulted in the
arrest of Gregory Powers that evening with the camera in
his possession, hiding in the woods across the street from
the plaintiffs' home.