Neighbors Videotaped and Tape Recorded Me and Provided False Info to Authorities

[frontier]

My question involves defamation in the state of: Colorado

Neighbors have sought to revenge me over a year because I called the cops on a lady and her husband across the street who were video taping my son one day throwing rocks when he wasn't. I called the police on them, said I just wanted it on record. The cop said they had to investigate the case cause kids were involved. Then social services looked into the family. The neighbor next door came to me upset said her and her friend would revenge me in any way possible. The cop at the time said he knew the family and said to expect this as well. I was naive.

Over a year later I found out that the cops had an order for no police car to come to my house because they knew the women were revenging me. She said they made extreme allegations about me the cops couldn't validate. I found this out because finally the cops did come as the two lied about something, the 13 year old neighbor kid threw weeds in my yard, they said I harassed her, I hadn't. A cop later said they did it on purpose they'd overheard me say the cops refused to come and so they knew if they made a child allegation they'd have to.

So they did a whole new round of revenge in the last 3-4 months. Before they tried to say I was fixing the foreclosure I bought wrong, and the building dept ok'd everything since, I pulled lots of permits so I'd have proof. They didn't get their way and an inspector warned me how much they hated me, they even lied saying he helped me cover up because they knew I'd gotten to be friends with him. Then they called dog patrol, lied about my dog jumping a fence he couldn't jump and more.

Then finally the night from hell I had music on, they called said it was loud, I went in the house closed the door. My boy yelled so they said they had the right to kick my door down. I didn't know they had this right but they said a child was screaming so they did. They took my son overnight, they put me in so called detox at the hospital. I walked a straight line and talked without a slur and said they had no right, it's in the reports. That it's all over a neighbor dispute.

Anyways the one cop that night was horrified, he said they figured out the neighbors were indeed lying about the neighbor kid cause they wanted to revenge me all over again. He said they took a video and thus they had to look into it. He said they'd been coming to the police department for ages with video clips of me on my own front porch, they were mad because the police wouldn't come to my house and they took these videos in so police would have to put them on file. I'd most recently figured oiut some of this as they were shoving videos in my face and I'd told the police that and the new survelience camera was an invasion of privacy.

Anyways the lady in police records had told me their allegations were extremely insane. So I'd before the night from hell gone to the police to complain. Said the women were threatening to run me out of my house and have my son taken. I didn't realize how much had gone on. Social services looked into it, brought my boy back the next day said there were no major worries but she said my boy said I talk funny and fell over a few times and it could be related to my drinking. The cop warned me that the social worker could come to the PD and would see the videos, he said that's why the women did this hoping something would happen and they knew cops weren't doing anything. So then they could go to the social worker and basically said I told you so.

I went to put up a fence soon after, the fence guy was a former cop. The lady next door was asked to move a board on my property, she went on and on calling me a drug dealer, a whore, and more. I have never done drugs let alone dealt them, I don't have boyfriends and everyone in the neighborhood knows it and this must be the extreme types of allegations the PD records lady told me about. I was horrified by it all. Anyways they'd said in the past all sorts of child abuse allegations to the PD I find out, including this night, they said they heard my boy scream for help - he wasn't screaming for help he screamed at me to open the door and he was right I should have. The cop said if I had they would have just told me to turn down the music. But because neighbors would video tape them there they had to look into it.

The DA said two months later they could charge me with child abuse. I was horrified I asked on what grounds. They have pics of my house being messy, dishes in the sink, clothes on the floor and beer bottles on the kitchen counter. I said well the social worker asekd the teacher and other neighbors and that they cleared and closed this. I was surprised they could threaten me two months later. They said if I'd sign diversion papers and would do what they said I wouldn't be charged. So I signed that I would do a quick parenting class and alcohol and drug evaluation. The parenting class is six weeks, four more to go. The drug and alcohol counselor said she didn't think I have a problem based on how I described the night and what I said about drinking a few times a week etc. So she said I woiuldn't have to do anything like pee tests etc. She was horrified at my story, all this over two neighors, she thought I should still try to fight it and sue them for this.

The social worker said if "this" happens again that I could lose my son to my ex husband. It's not illegal to drink at home, I'm mad because I don't see how neighbors could do this slander campaign, even the building department guy said nothing they said was true, he got to know me over several months, he said they simply hate me. The lady in police records said the same. Neighbors know this. So how can they not be charged with slander, invasion of privacy, evesdroppind and more? Do I have any recourse? If its illegal to video tape and invade privacy what gave the cops the right to keep the videos on file at the PD knowing the neighbors were basically setting me up hoping something would happen so a social worker would see them and I think she did and that's why she said if this happens again because there was a so called history of my drinking on my own f'ing front porch with contractors working on my house this summer - I'm sure they said it was every day. I wasn't drunk just goofing off but the social worker sais so where was your boy, the cop said some of the videos had him in the background he was horrified that night said if the social worker didn't understand it I could lose my son over stupid neigbhors.

The cops of course won't give me their internal records or videos so I could prove any of this ever happened. I only have the fence guy, no one else was there when the neighbor said their goal was to bring me down, take me out, destroy me, make it so I couldn't sell my house, have my son taken and more... it's insane. What will they do next?

[jk]

What will they do next?

If that is your only question;

I have no idea. I don't read minds.

If there is some other question, you might try summarizing the issue. Leave out emotional details and comments. Make it much shorter.

[frontier]

Main question is, are the videos and tape recordings they have of me on my own front porch illegal? Invasion of privacy and slander? They had no right...

[Mr. Knowitall]

If they're filming from a public place or their own land and you're within their camera viewfinder, you're fair game. If they were filming into your home, that would raise other issues.

[frontier]

And the recordings could be used in court and filed at the PD?

[cdwjava]

And the recordings could be used in court and filed at the PD?

Possibly.

Video is different than audio. if they are capturing audio via sensitive microphones then there might be a problem. If video only - and recorded from where the owner of the camera could essentially see it if they were standing there - then chances are it is perfectly lawful.

Are you engaged in activity that could be damning if taped? If you aren't doing anything wrong, then there shouldn't be a problem.

[frontier]

Well only thing they have is me drinking on video with contractors while fixing a foreclosure house I bought, my boy was in the background. The cops told the vindictive neighbors they wouldn't do anything it's not illegal to drink at my own house so the vindictive neighbors took the video to the cops to have it on file because they thought if something would happen a social worker would look thru the files, a cop told me this. He was horrified I didn't open the door when they called the cops about music, they knocked down the door cause they heard my boy scream and I assume the social worker saw all the PD files and the videos if that was the intention of the neighbors who know the system and knew the social worker would go to the files. She said to me to stop drinking so much at home and if anything happens I could lose my son over neighbors, so don't turn up music etc to do anything to get the cops at my house she said. Drinking at home with my son isn't illegal and I wasn't charged with that , social services dropped it but the DA said they could charge me with child abuse for a messy house and not answering the door, I've been told there's no evidence even the DA first told me that. Then he threatened me. Anyways I just wondered if I faught it, if they could use this in court. Apparently there's video and audio on file. It still seems like an invasion of privacy and evesdropping that they were doing this trying to vindicate me. Cops hated them and had a note to never show up to my house ever but that's why they allegated child abuse because they knew cops would have to show up, they didn't call and say it was music, my neighbors suck. My boy is top of his class best kid etc.

I think the one neighbor was using sensitive microphones or something... if I could prove it is it an invasion? But how would I? The video was from across the street so they couldn't hear anyways. But I was told by building department guy they had audio, also from a domestic violence counselor who read the police records once, she said the cops had a note that they were taping my conversations and it's in the internal police reports. Why didn't the police say it was invasion of privacy then and what gives them the right to have this on file if it's illegal?

[cbg]

I called the cops on a lady and her husband across the street who were video taping my son one day throwing rocks when he wasn't.

I'm curious as to how they could videotape your son throwing rocks if he wasn't throwing rocks.

[cdwjava]

Well only thing they have is me drinking on video with contractors while fixing a foreclosure house I bought, my boy was in the background.

No crime there and not an issue for neglect. Unless, of course, you are seen behaving erratically or in a dangerous manner, or are obviously incapable of caring for your child because of the alcohol or some other circumstance that put your child at risk.

The cops told the vindictive neighbors they wouldn't do anything it's not illegal to drink at my own house so the vindictive neighbors took the video to the cops to have it on file because they thought if something would happen a social worker would look thru the files, a cop told me this.

Okay. So, the officer took a miscellaneous report and cataloged the video.

He was horrified I didn't open the door when they called the cops about music, they knocked down the door cause they heard my boy scream and I assume the social worker saw all the PD files and the videos if that was the intention of the neighbors who know the system and knew the social worker would go to the files.

Who is the "He" you refer to at the start of this sentence?

And there is no law that prevents people reporting matters that they feel are criminal or put a child at risk for some reason.

And, yes, if the police had to knock down the door because your kid was screaming and they had to take him into protective custody because of your emotional state or level of inebriation, then I would expect that a social worker might take that into consideration.

She said to me to stop drinking so much at home and if anything happens I could lose my son over neighbors, so don't turn up music etc to do anything to get the cops at my house she said. Drinking at home with my son isn't illegal and I wasn't charged with that , social services dropped it but the DA said they could charge me with child abuse for a messy house and not answering the door, I've been told there's no evidence even the DA first told me that.

Under the right circumstances, yes, child neglect charges could be pursued. If you are in a state of inebriation where you are unable to adequately care for your child, or maintain a home that is in such a state as to place the child at risk, then you can also be charged. And, even if not charged, either of those circumstances might result in the state seizing your child at least temporarily.

It sounds as if at least two areas of concern have been identified and you need to take steps to address them. Step one would probably be to curtail or - better yet - elminate your consumption of alcohol.

Then he threatened me.

Who is "He?"

Anyways I just wondered if I faught it, if they could use this in court. Apparently there's video and audio on file.

Chances are, if recorded from their home, it can be used.

It still seems like an invasion of privacy and evesdropping that they were doing this trying to vindicate me.

I assume you meant that they were trying to IMPLICATE you. For some reason it seems that they feel you are a risk to the child ... or, to yourself.

Cops hated them and had a note to never show up to my house ever

I doubt that very much. Woe be the department that refuses to show up at a house on a report of child neglect or abuse!

Whoever told you that (if anyone did) was fibbing, or, you misunderstood them.

but that's why they allegated child abuse because they knew cops would have to show up, they didn't call and say it was music, my neighbors suck. My boy is top of his class best kid etc.

Being a good student does not mean he is free from neglect. Great kids can come from poor environments just as cruddy kids can come from great environments. One does not necessarily imply the other.

I think the one neighbor was using sensitive microphones or something... if I could prove it is it an invasion?

Maybe. But proving it would be difficult. If they could hear the same sound standing where they did, then it shouldn't be a problem. The most you might expect from a court woul dbe that any audio might be suppressed as evidence. It is doubtful the neighbor will be charged with a crime if they have a reasonable belief that there is a problem at your home.

Why didn't the police say it was invasion of privacy then and what gives them the right to have this on file if it's illegal?

The police collect information provided to them. If used against you later on, then a court can make a determination on its admissibility or not.

If you feel this neighbor is acting unreasonably and solely to harass you, you can hire an attorney to try and seek an injunction against them. However, before you bring all of this up in open court you had better be darn sure that you do not have a "glass house" (i.e. that you are not a problem drinker and that your house is not such a sty that your child is at risk).

[frontier]

My house isn't such a mess that my boy is at risk, it was dusty, dishes in the sink, clothes on the floor and some rooms we didn't use are not finished. I drink sometimes but it's not a problem, my son is taken care of.