Can I Be in Trouble for Installing Fake Security Cameras Aimed at a Neighbor?
Full Question:
Answer:
We are unable to predict the outcome of filing a police report. Generally, it will not matter who filed the complaint, as it will be a matter of subjective determination for the prosecutor to decide whether to pursue charges, based on all the facts involved. Typically, such a situation involves a claim of invasion of privacy, which is a civil rather than a criminal matter. If criminal charges are brought, criminal intent needs to be proven, so without having a wrongful intent, you shouldn’t need to worry about a criminal conviction. We suggest contacting city hall to find out if there are any local ordinances regulating such cameras.
In most cases, setting up a video monitor is legal unless the cameras represent an unreasonable violation of privacy or the images are being used for commercial purposes without a person's consent. A neighbor has a right to survey his property as long as he does not violate your rights to privacy. If the camera views the outside of your home and garden, it is generally not an invasion of privacy, but if the camera is surveilling the inside of the home, rights to privacy are violated.
The CCRs may regulate the installation of devices that are visible from the street or from a neighbor's property. The CCRs often regulate the installation of satellite dishes and HAM radio antennas, for example. The same CCRs may require a homeowner to obtain HOA permission to install security cameras unless the cameras are unobtrusive. Any applicable CCRs should be carefully analyzed to determine if you complied with CCRs and architectural guidelines before installing the security cameras.
