Re: audio surveillance public place

More | Report Post

On 5/12/08, Tony wrote:

Tony:

You need a lawyer, one that will deal with this. Advice on this board may do
you more harm than good. The laws of your state control this matter and you
need an attorney that practices in your state to handle this matter. Please
find an attorney that can help you. If the police have threatened to arrest
you it is time to stop talking to them and have a lawyer settle this for you.

> First,I want to thank you very much for your very helpful advice.This is a
> very terrible nd absolutley unbelievable situation that we are in.The police
> are litterally letting this lady and her husband old children to clearly
> break the law and are doing nothing to stop them.In fact ,the police are
> actually encouraging and facilitating them bye letting them get away with
> it.They were the ones to actully advise her to put up avideo camera.Mot sure
> if they told them to put up audio.Nevertheless,We feel like we are in a
> terrible nightmare of some kind or like the twilight zone.YEs ,getting bck to
> what they said they overheard while I was INSIDE MY House was that I wanted
> to R.pe there daughter! I never ever said or even use that word!!Ok so than
> the cops tell her to send out her tapes and get them "ENHANCED" mto see if my
> voice can be herd on them,WHILE I WAS INSIDE MY HOME!They should have
> arrested her right than and there for eavesdropping,no? Than the onesided
> worthless cops tell me that I canbe and MOSt likely be arrested even if the
> tapes come back "garbled" because they wrote a sworn statement saying that
> they herd me saying that word! I never said that word nor even ever mentioned
> any names that day.My mother was here with me and also I have my OWN audio
> and video camera set up inside one of the bedrooms that can record everything
> I siad inside the house as well as video of my drivway.Did this just for this
> eason,to protect myself against there fabrications! The cops have not ask me
> my side of the story.Are they just going to come and arrest me?This is very
> bad!I come from a very large and well respected family.I do not know what
> they could arrest me for but if it something to do with like sexual
> things,that is defamation/slander etc..,no?What can I do in the meatime? I
> have called the cops on this,one sargeant spoke to me but after that it seems
> as though they are not taking my calls.This is too much! So, what complaint
> can I make?Eavesdropping?Bye the way,they are saying they were on there front
> lawn working when they said they herd this and the cameras that have the
> audio are mounted at least 50 feet back from my hise NOW!! The cameras use to
> be right at the edge of there property on the road shooting directly at our
> house.Someone must have adivsed them that there clear intent was to harrass
> us so they moved the cameras back. I did and do have pictures of when the
> cameras were very close! Thanks again,On 5/10/08, -- wrote:
>> First I want to say that you should listen to what your attorney says
>> regardless of what I say.
>>
>> It does not sound as if you said anything illegal even if what they say
>> you said were true. For words to be illegal, you would have to be making
>> an imminent threat of harm or be acting in a conspiracy to commit a
>> crime. Insults are not a crime neither is a lustful expression uttered in
>> a place of privacy.
>>
>> On the other hand, your neighbor is clearly violating the law of your
>> state.
>>
>> ---- Conn. Gen. Stat. § 53a-189a (2008); 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.
>>
>> A recording device is considered a "mechanical overhearing" as defined by:
>>
>> ---- § 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.
>>
>> Now there may be some argument that since the recording device was in
>> their possession they were "present thereat." Nevertheless, you have a
>> strong case of eavesdropping against them. The very word "eavesdropping"
>> comes from the ancient practice of standing under the "eaves" or the
>> overhang of a house and listening to a conversation inside the house.
>> This is exactly what they are doing with their recording equipment.
>>
>> One way to thwart their recording equipment would be to place a small fan
>> on the side of your house facing theirs with some plastic strips attached
>> to it or a small wind chime. The very slight noise will mess up their
>> sensitive microphone and mask your conversation inside the house. You
>> won't even hear the fan noise inside your house.
>>
>> In the long run however, you must put a stop to these people with the
>> law. Filing a lawsuit for harassment against them is good for starters.
>> Also, file a criminal complaint with the police and the state attorney
>> general. It is creepy to feel threatened in your own home by prying eyes
>> and ears. Stop them with the law -- it should be on your side.
>>
>> On 5/10/08, tony wrote:
>>> Thank you for answering me : I actually do not know what these wackos
>>> are accusing us of but this latest flas accusation is that I was inside
>>> my home working one day I was on and of the tellphone as well as cell
>>> phone speaking to work related people all day. My mother was at my hosue
>>> with me all day also. These people call the police 3 days later saying
>>> that I was calling them white tarsh and trailor trash and that I wanted
>>> to .... there 40 year old no attractive at all daughter!Regardless,I
>>> would never ever say that about a very attractive lady anyways! I will
>>> not write the word becasue I do not ever use that word.They are
>>> fabricating and writing absolutely lies and putting this in sworn
>>> statements.I believe that they told the police that they overherd me
>>> saying these things and that are sending out there audio video cameras
>>> tapes to be enhanced to try and see if they are actually on there tapes!
>>> Well, it will not be on there tapes becue I never ever said that about
>>> there daughter. I do have an attorney.He is actually a very good defense
>>> attorney.This is not the most important case to him,understandably.What
>>> do you think? I really appreciate your help very much.Thank you
>>> again,tonyOn 5/10/08, -- wrote:
>>>> On 5/10/08, tony wrote:
>>>>> Well it has gotten worse! These crazy people are claiming that I had
>>>>> aid something while inside my home one day.I was working at home
>>>>> with the radio on and with a friend there.I was on and off the phone
>>>>> all day.Well 4 days later the police show up at my door saying these
>>>>> people said I said something very bad and offensive to me and my
>>>>> family! Terrible! Well,they are investigating this! They told me
>>>>> that they both made a sworn staemnet to this false allegation and
>>>>> also they are sending there audio tape which they have on 9 cameras
>>>>> toward my house out to get enhanced .The police tell me that even if
>>>>> the audio comes bnack "garbled" i may still be arrested becaus eof
>>>>> there sworn statements to this false allegation!Remember,I was
>>>>> INSIDE my hosue when they are claiming they overherd what they are
>>>>> lising to what they said I was saying! CAn this be happening? First
>>>>> of all., I NEVER SAID WHAT THEY SAID I SAID! Second, I was INSIDE MY
>>>>> house.Thirdly,why did they wait 4 days later to call the police? Can
>>>>> you help me with your advice?Thank you.On 4/04/08, -- wrote:
>>>>>> 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:
>>>> You need to get a lawyer. As I wrote to you before, (see below) using
>>>> a device such as a camera/audio recorded that can hear/see into a
>>>> place where you have a reasonable expectation of privacy (like inside
>>>> your house) is a felony in your state.
>>>>
>>>> However, even if neighbors committed a crime in recording you inside
>>>> your house, the recording might be admitted as evidence in court
>>>> against you because it was not the government who did the illegal
>>>> snooping. Your Fourth Amendment rights against unreasonable search
>>>> and seizure only apply to government acts. If your neighbor breaks
>>>> into your house and searches it -- and finds 10 pounds of drugs -- if
>>>> he turns the evidence over to the police, it can be used against you
>>>> even though he might also be prosecuted for breaking and entering.
>>>>
>>>> Are your neighbors accusing you of drug activity or what?
>>>>
>>>>>> 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.