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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27615
Experience:  10+ years defending Misdemeanor and Felony cases.
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I am a tenant in a manufactured housing park in NH. I am

Customer Question

I am a tenant in a manufactured housing park in NH. I am also a limited partner in the partnership that owns the park. The general partner leases all the property and the equipment owned by the partnership to himself as president of a separate corporation, and he pays himself money to manage the park. In essence, he is a bully.
We recently formed a tenants association. He then placed wireless cameras facing my back yard which I feel is a huge violation of my privacy. My backyard abuts a steep embankment and it can not be seen from the street. He placed the camera in a vacant area that used to be the playground. He secured the camera to a long plank running vertical atop an out building so the camera can see even more than a person standing there could not see.
The park rules do not say anything at all about installing this camera. I am also the only home in this area that has a back door and a back deck and who utilizes my back yard to avoid all the cameras he has installed facing the front of my home after he tried to illegally evict me, and lost.
I sent him a Cease and desist letter instructing him to remove the camera facing my back yard. What are my options if he refuses to remove this camera? Can this be a violation of privacy for criminal prosecution in NH?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.

Good morning. Can you please share with me what your question is? I understand what he is doing but you also mentioned something about a camera, so just need you to clarify for me what is happening. Thank you

Expert:  CrimDefense replied 1 year ago.

Sorry, not all the information had posted but I see it now.

Expert:  CrimDefense replied 1 year ago.

Allow me a minute to respond

Expert:  CrimDefense replied 1 year ago.

Cameras can be set up for security purposes and be focused on and in common areas. The cameras should not be evading your private property and personal space and if they are, need to be readjusted. This is more of a civil issue, not criminal, since you know about it and as of now, it is being justified for a legitimate purpose ( i.e. security). It is also being set up by the association, so it is not as if this is a hidden camera issue or anything of that nature, where someone is trying to intentionally see into your home. The issue and remedy is redirecting the cameras, not as to not invade your property or violation your privacy. You can and should address this with the association and him, if he has direct control over the cameras and if you and other association members feel there is an evasion and not legitimate purpose, the camera needs to be removed.Now, if you exhaust all your remedies on your own to try and resolve this in good faith, you would then need to file a civil suit. You would need to obtain a court order and show that the cameras are invading your personal privacy and need to be removed and/or the view of them needs to be lessened, so only cover public/common areas.

Expert:  CrimDefense replied 1 year ago.

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Customer: replied 1 year ago.
I have to clarify this. I am part of forming the tenants association. My husband is the President and I am the Secretary. I believe the park manager set up the camera recording my back yard in retaliation for organizing the tenants association. When the manager discovered we filed the Association with the NH secretary of state, he started harassing the vice president of the association and has been harassing the treasurer as well. My back yard can not be seen by the street. There is no reason to have a security camera facing my back yard as I have my own security camera system. The park Manager lives near me and has multiple cameras on the street, that is public, facing my residence. This is not an issue since my front yard is in public view. However my back yard CAN NOT be seen by the street, there is NO security issues in my back yard as far as vandalism, burglaries, etc goes. There is a law in the state of NH for Violation of Privacy. He set up the camera in a remote place to face my back yard, which makes NO sense other than to harass me and record my family and I. We are the only ones on this side of the street who have a back yard that is clearly utilized (2 flower gardens, a rock garden, picnic table, back deck, two garden swings, etc.) NO other tenants near me use their back yards nor do they have them decorated for use like we do. There is no purpose for this camera other than to video record me and my family. How can this be legal in the privacy of my own back yard that can not be seen from the street?
Expert:  CrimDefense replied 1 year ago.

Thank you for the additional information. Yes, he could be charged with a violation of your privacy, which is criminal and I have provided the law below, for you to review and to apply to the facts. You can go to the police and file a report and allow them to investigate. They can appear and try and resolve this and speak with him, seeing if he will agree to remove them or else could be arrested and charged. Now, if this turns civil, then you would need to proceed through the court and get a court order, which would require him to remove them as well. Since your attempts with the letter have not provided any results, the police can be called and/or a civil action for the invasion will need to be filed.

644:9 Violation of Privacy. –
I. A person is guilty of a class A misdemeanor if such person unlawfully and without the consent of the persons entitled to privacy therein, installs or uses:
(a) Any device for the purpose of observing, photographing, recording, amplifying, broadcasting, or in any way transmitting images or sounds of the private body parts of a person including the genitalia, buttocks, or female breasts, or a person's body underneath that person's clothing; or
(b) In any private place, any device for the purpose of observing, photographing, recording, amplifying or broadcasting, or in any way transmitting images or sounds in such place; or
(c) Outside a private place, any device for the purpose of hearing, recording, amplifying, broadcasting, observing, or in any way transmitting images, location, movement, or sounds originating in such place which would not ordinarily be audible, visible, or comprehensible outside such place.
II. As used in this section, "private place'' means a place where one may reasonably expect to be safe from surveillance including public restrooms, locker rooms, the interior of one's dwelling place, or any place where a person's private body parts including genitalia, buttocks, or female breasts may be exposed.
III. A person is guilty of a class A misdemeanor if that person knowingly disseminates or causes the dissemination of any photograph or video recording of himself or herself engaging in sexual activity with another person without the express consent of the other person or persons who appear in the photograph or videotape. In this paragraph, "disseminate'' and "sexual activity'' shall have the same meaning as in RSA 649-A:2.
III-a. A person is guilty of a misdemeanor if, for the purpose of arousing or gratifying the person's sexual desire, he or she knowingly views another person, without that person's knowledge or consent, in a place where one would have a reasonable expectation of privacy. For purposes of this paragraph, "views'' means looking at another person with the unaided eye or any device intended to improve visual acuity.
IV. A person is guilty of a misdemeanor if such person knowingly enters any residential curtilage, as defined in RSA 627:9, I, or any other private place as defined in paragraph II of this section, without lawful authority and looks into the residential structure thereon or other private place with no legitimate purpose.
V. Paragraphs I and II shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel, nor are paragraphs I and II intended to limit employees of governmental agencies or other entities, public or private, who, in the course and scope of their employment and supported by articulable suspicion, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of conduct to obtain evidence of suspected illegal activity, the suspected violation of any administrative rule or regulation, a suspected fraudulent insurance claim, or any other suspected fraudulent conduct or activity involving a violation of law, or pattern of business practices adversely affecting the public health or safety.

Expert:  CrimDefense replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!