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socrateaser
socrateaser, Lawyer
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Experience:  Retired (mostly)
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My neighbors started a metal recycling business from their

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My neighbors started a metal recycling business from their home against code enforcement. The front yard was 20 feet deep in scrap metal. These particular neighbors are druggies and drunks and very hostile. I never had interaction until this point. I reported them to code enforcement and they were forced to clean their yard. What followed was 5 months of stalking and threatening my life. Parking by my office window and stalking me daily. I did get a temporary stalking order but they are hard to keep so it was not made permanent because I did not have enough evidence. But the order did make them stop. I installed cameras around my property and signs that read AUDIO AND VIDEO SURVEILLANCE but it does not record continuously. After a year they were fined for the recycling and things got bad again. The city has asked me to record the activity. Today I tried to do so and they were angry of course. Then the wife started stalking me again driving by erratic by my windows and cussing. So I took my video out on my porch where she was parking and cussing at me and recorded 5 minutes of vulgar language and calling me names and even one point saying she had to get away from me before she kills me. When I record I say that they are being audio ad video recorded and it is posted outside my house. Am I in my legal right to video and audio record anything from my property? And is it legal for me to record their code enforcement violations in their driveway. I never record into their house or windows. They say I am harassing them. How else can I get proof of the stalking and code violations?
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.

Hello,

Oregon Rev. Stat. 165.540 requires that the recording of an in-person oral conversation requires specific notice to the parties being recorded, that a recording of their conversation is taking place. Video recording, without audio, however, is permitted in any public place, without any notice of the recording.

Please let me know if I can be of further assistance.

Customer: replied 1 year ago.

Is someones driveway considered a public place?

 

Is a sign specifically stating audio recording on my house "specific enough" if they are aware of the sign and they are talking to me by my house?

 

Is it harassment for me to record code violation activities ON their property with no audio. The front driveway? They say they have a lawyer who is going to "take me down". The city has asked me to get video proof.

 

Is it legal for someone to say they are going to kill me? I have that on video.

 

Thank you

 

 

Expert:  socrateaser replied 1 year ago.

Is someones driveway considered a public place?

 

A: If the location is visible to the naked eye from either your property or a public sidewalk, highway, etc., without any special equipment, then it is public for the sake of video recording.

Is a sign specifically stating audio recording on my house "specific enough" if they are aware of the sign and they are talking to me by my house?

 

A: Yes.

Is it harassment for me to record code violation activities ON their property with no audio. The front driveway? They say they have a lawyer who is going to "take me down". The city has asked me to get video proof.

 

A: It's not harassment to video what can be observed with the naked eye from your property or from a publicly owned location. As long as you don't enter the neighbor's property, or use infrared wavelength equipment to see what you cannot see with the naked eye, you are not violating your neighbor's privacy rights.

Is it legal for someone to say they are going to kill me? I have that on video.

 

A: This gets into a very difficult area of law. Assume that the person says, "I'm going to kill you." Examples:

 

1. [person is standing within arm's length, holding a knife] civil and criminal assault.

2. [person is standing 25 feet away, empty handed] free speech.

3. [person also says If you don't stop complaining to the police, then...] criminal extortion.

4. [person actually starts to approach you while speaking] attempted battery.

5. [same as #4, but person is holding a knife] attempted murder.

 

As you can see from the examples, it's not cut and dry. The surrounding circumstances change the result.

 

Seems to me that if you get multiple stalking orders against the same person, then law enforcement will arrest and charge actual stalking based upon the continuing pattern of wrongful conduct.

 

Hope this helps.

socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34174
Experience: Retired (mostly)
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