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Attorney 1
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what is the best way to proceed if you find your neighbor installed

Resolved Question:

what is the best way to proceed if you find your neighbor installed a "hidden" camera on your property, pointed at your home? I don't want to remove it because that's destroying evidence. Do I call the police and ask them to make a report? There have been on-going tresspass /privacy problems with this same neighbor.
Submitted: 2 years ago.
Category: Legal
Expert:  Attorney 1 replied 2 years ago.

Attorney 1 :

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Attorney 1 :

The first thing to do is to take photos of the camera in its present location. Do not touch it. Then call the police and make a report. Be sure to get a copy of the report, as well. If you can get an officer to your property to dust for fingerprints, that is even better. They should be willing to do this, since installing the camera is a felony.

Attorney 1 :

Climbing into your backyard is trespass. It is both a crime, if you have advised the neighbors to stop, and cause for a lawsuit. Also, by destroying your plants, your neighbors have committed the civil tort of conversion, which can carry hefty penalties.

Attorney 1 :

You can also sue your neighbors for the privacy tort or "intrusion upon seclusion" in CA, requesting punitive damages (penalty damages) for that, as well.

Customer:

thank you, XXXXX XXXXX sort of what I thought. Do you happen to know if the police WILL come out and do this? My contractor has been trying to help me. We installed surveillance cameras [NOT AT ALL HIDDEN] so then they moved to destroying plants in areas of the yard the cameras don't cover. How important is it that I get their behavior "on tape"? My contractor thinks I must do this first before proceeding?

Attorney 1 :

Getting illegal action on tape is certainly helpful, but not mandatory, and you should not wait another day to call the poolice and get the ball rolling. Most particularly if you are experiencing incliment weather. If you inform the police that you found illegally installed spy cameras on your property pointed at your home, it is almost certain that they will come and fingerprint the camera for you.

Customer:

These neighbors do this because we are a lesbian couple living here. We have never done anything except mind our own business, and be polite normal neighbors. But still they harass us every single night. Oh, thank you, XXXXX XXXXX not think about weather affecting fingerprints. Thank you.

Attorney 1 :

I'm a bit curious as to why the contractor would suggest you wait. Fingerprint issues? Hmmm.

Attorney 1 :

Best of luck!


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Attorney 1, Attorney
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Experience: Knowledgeable and Experienced Attorney.
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