neighbor nuisance question (crime, lawyer, house)

[supramkivman]

I have a neighbor that points a night vision camera into my back yard and only my back yard. This guy is nuts, The camera are positioned primarily for harassment, it serve no reasonable security interest for our neighbor. It isn't mounted on his house. It's on a 20 foot pole specifically to tower over our fence and into our backyard. I have a 2 and 6 year old that play back there all the time. What are my options? I called the police but they say they can't do anything and don't want to come out since the pole is in his yard. Is this even legal?

[incognitoe]

Originally Posted by supramkivman

I have a neighbor that points a night vision camera into my back yard and only my back yard. This guy is nuts, The camera are positioned primarily for harassment, it serve no reasonable security interest for our neighbor. It isn't mounted on his house. It's on a 20 foot pole specifically to tower over our fence and into our backyard. I have a 2 and 6 year old that play back there all the time. What are my options? I called the police but they say they can't do anything and don't want to come out since the pole is in his yard. Is this even legal?

Invest in a BB Gun and have fun. Or install a Temporary and ugly HIGH fence to block that camera. Take it down when he takes the camera down.

[Charles22]

Originally Posted by supramkivman

It's on a 20 foot pole

There might be codes relating to this specific measurement. He'll have to lower it to 14' (or whatever) if you win your case.

Lasers aren't very good for camera sensors. You can mount a laser on a tripod, and they're cheap (lasers and tripods).

You didn't give much backstory in your post. Have you called the police about this? I assume you're avoiding the neighbor as much as possible. If you don't want to use the police to contact him, you have to pay for a lawyer.

You obviously have rights, but the way you go about tackling this problem and the order that you do things makes a big difference. I'm sure other members will have good advice.

Your situation with your neighbor may never improve. You want to win this battle. What is it going to take?

[supramkivman]

Theres not much backstory, we never did anything to that guy, he seems pernoid, i assuming on drugs or something. one day a few months ago, he drove by our front yard while i was out and says he see guys trying to steal his things from his house and people been on his roof, which was extreamly odd, that's when it all started. One day my brother was out in the back, he pointed a bb gun at my brother from his window, so my brother called the cops on him. He then begin doing little things here and there to annoy us like coming out of his window and taking photos of us (we don't care cause nothing illgal going on). Then one day he slash his next door neigbors tires and he got arrested. He went on to tell the cop that we stole all his cameras, which was a lie since his camera is on a huge two story house. He since then removed all his camera. Then one day he put that camera on a pole up into our yard. His house is that big one in the pic and i live in a small house so i can't see his yard. WE did call the cops about the camera, but they said they don't think it's illgal. So that's why im asking. I can understand if it's for security reasons and our yard happen to be in view thats fine, but in this case its sole purpose is to harras us.

[505HPC6Z06]

Have you considered consulting with a lawyer?

[Elliott_CA]

Bad and uninformed advice from the above posters, except from 50HPC6Z05. Pointing a camera into your backyard is a crime in the Calif Penal Code. California is a two-party consent state, your neighbor MUST have your permission to point a camera into your backyard. A first offense of electronic eavesdropping is punishable by a fine of up to $2,500 and up to one year of jail. Since this is a criminal offense, call your local police or sheriff to begin with (use the non-emergency number). You might also want to consult with a lawyer to see if there any damages that could be recovered on the civil side.

Do not erect a high temporary fence to block his view. That's a spite fence, which is also illegal.

[supramkivman]

I haven't contact a lawyer yet, but every time I call the PD they say its legal and even the city thinks so. I think it's gray area.

[Elliott_CA]

Originally Posted by supramkivman

I haven't contact a lawyer yet, but every time I call the PD they say its legal and even the city thinks so. I think it's gray area.

If you work with a lawyer he or she can recommend the best strategy, including convincing the city to take action.

California Penal Code 647(j) Any person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, or mobile phone, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside.

From the angle he's pointing, could he also see through a window into your house? If he can then that's a violation.

[incognitoe]

^ Just because it's a violation of a penal code, doesn't mean law enforcement will take any actions.

Homemade Drones for example have every right to invade your space.

[505HPC6Z06]

Originally Posted by incognitoe

^ Just because it's a violation of a penal code, doesn't mean law enforcement will take any actions.

So true. Knowing why they are ignoring this is key. Is it because of the drone movement?

However, having a law that the neighbor is breaking gives the OP some legal footing to push from the top down VIA lawyer.