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Brandon M.
Brandon M., Counselor at Law
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Experience:  Attorney experienced in numerous areas of law.
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Law against taken camera photos on private property for a

Resolved Question:

Law against taken camera photo's on private property for a neighbor to use the photo's against you to prove on violation to the manager in a adult community manufacture homes without noctice from the owner that they are using this type of tactics? Peoria Arizona
Submitted: 4 years ago.
Category: Legal
Expert:  Brandon M. replied 4 years ago.
Hello there:

It's not necessarily illegal in Arizona, but it can be. If you turn on the news or open a newspaper, you will see video of people doing various things, oftentimes on private property. You can go onto numerous websites, like "Google Earth", and get a satellite view photo right into people's back yards. It is not illegal in most cases because there is generally no violation except where there is physical trespass or where the photo intrudes on a person's reasonable expectation of privacy. For there to be a "reasonable expectation of privacy", it generally has to be out of the public view and concealed in a way that someone would not be able to see it without removing something or being somewhere that they are not allowed to be. If the photo depicted you walking around your private front yard along side a street, there would be no law violation; but if it was taken while you were in your living room with your blinds shut, that would almost certainly be a violation because you would reasonably expect privacy in that situation. It is on a case by case basis, and you have to examine the totality of the circumstances. If your reasonable expectation of privacy was intruded upon, there is a civil a potentially criminal act; otherwise, there is not. I hope that this helps.
Customer: replied 4 years ago.

What is the reasonable expectation of privacy was intuded upon. Is it like invasion privacy to use the photo against us or is like trespassing on your property. Using photo's against you and give the property manager the photo's - would that be blackmail. Explain or list expectation of privacy?

Expert:  Brandon M. replied 4 years ago.
When the reasonable expectation of privacy intruded upon, it is sometimes a criminal act (e.g. if someone takes nude photos of you), but it is always a civil tort, meaning that you could sue the person.

It's generally not an invasion of privacy to "use the photo against [you]", but it depends on how the photo is being used; I would need a bit more information about your situation.

Whether a person's expectation of privacy is reasonable is a subjective test and generalized test; the question is whether the reasonable person would expect privacy in that situation. Laws are not always black and white, which is why we have judges and juries instead of computers and rubber stamps. This is one of those laws where the totality of the circumstances has to be considered, and no competent attorney will tell you otherwise.
Customer: replied 4 years ago.

One question and I will let you go for tonight. I worked in the AZ prisons as a Correctional Officer and if the photo's get into the wrong hands, my life might be in harms way of ex-inmates or inmates. It has happened before and I had to move. The property manager is aware of this. He does not know who has the pictures or where the photo's are. He told me that he would talk to the individual's who took the photos and not do it again. The damage has been done to the individuals who live in Casa Del Sol - West in Peoria Arizona. Some are worried that the photo's of their grandchildren will show up in the computer as I am worried.. I own my house but lease it on private property with 240 other individulas, in different lots, are just as upset as I am. How can we stop this by law. Thank you for you time and help. Did a good job.

Expert:  Brandon M. replied 4 years ago.
As I said previously, I'm not sure exactly what the situation is so I feel like my hands are somewhat tied, but my first instinct would be to get an injunction/restraining order/protective order against whoever holds the photo from distributing it in any way that could jeopardize life, health or property.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience: Attorney experienced in numerous areas of law.
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