Recording Conversations Through a Wall

My question involves criminal law for the state of: Massachusetts

This may be somewhat interesting: I am breaking a lease, based on breach of "quiet peace & enjoyment". Part of this is the landlord, but he isn't the crux of this post. The issue is the neighbors.

They are PURE trash. They moved in a few months back. Since then, it's been like taking up residency on the set of a Jerry Springer show. Four yapping, barking dogs go at all hours. I have been recording the dogs ( video/audio ) with my I phone. I only shoot the inside of my apartment, from my apartment.

The neighbors themselves, I have also been recording ( from inside my apartment ). They scream and fight ( verbally & physically ) constantly. This can be heard through the walls. Interestingly, today the female neighbor who acts as a nanny to a six year old, was "egging on a fistfight" in front of the child. She then proceeded to threaten to find/kill the other persons pets. This was all done in front of the child. I, per usual, clicked on my video recorder from my I Phone. Again, I recorded this from INSIDE my apartment ( lol, people 3 blocks away heard this one )....so: Obviously, this woman is in no way fit to be taking care of a child, however....would/will/could I be charged criminally for recording ( including the audio ) from inside my apartment? The people were not in the video...just the inside of my apartment, but the audio was clear. Again, this is a two party consent state. What are your thoughts on this?

here is site I often refer to for such questions:

http://www.rcfp.org/reporters-record.../massachusetts


I have a real issue with the claimed application of the law.

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In-person conversations: The state requires all parties to a conversation to give consent before one can record any private oral conversation. Mass. Ann. Laws ch. 272, § 99(C). An appellate court has also held that the recorded conversation of poor audio quality with at least some audible words can potentially violate the wiretapping statute. Commonwealth v. Wright, 814 N.E.2d 741 (Mass. App. Ct. 2004). The all-party consent rule seemingly applies whether the conversation is held in private or a public location. SeeCommonwealth v. Manzelli, 864 N.E.2d 566 (Mass. App. Ct. 2007)(protester arrested for secretly audio taping conversation with police officer at a publicly held political rally)

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I was of the understanding that it had been ruled in any of the states that recording an officer in the line of his duties was now allowed. The citation of Commonwealth v. Manzelli flies in direct contrast to that belief. Even if the cop issue has been since changed, I would think that it would still apply to private citizens. Again, I have an issue with that as my personal belief is that if you are loud enough such that others not involved in the conversation can hear you, it should not be illegal to record you.

the specific law on the issue:

http://www.malegislature.gov/Laws/Ge...r272/Section99

So, yes, I could/may be charged criminally under those standards, I was wondering however, if given that I was in MY private space and the conversation was not welcomed into the space and in fact intruded upon the space, is there a different law or case law or is that potentially uncharted territory? With the ease of use of I Phones, undoubtedly people will record abuses of "quiet peace & enjoyment".

I do not disagree with you at all. As I said, I believe that if you make yourself loud enough so I can hear you there should not be anything wrong with me recording you. Given the law does not appear to take that into consideration, recording the conversation at all appears to be a crime. Personally I would not risk it, unless you have lots and lots of money to defend yourself, all the way to the Supreme Court if necessary.

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Quoting popeye

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So, yes, I could/may be charged criminally under those standards, I was wondering however, if given that I was in MY private space and the conversation was not welcomed into the space and in fact intruded upon the space, is there a different law or case law or is that potentially uncharted territory? With the ease of use of I Phones, undoubtedly people will record abuses of "quiet peace & enjoyment".

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I'll be corrected if I'm wrong, but I seem to recall there being an affirmative defense (of sorts) when the recording is actually concerning illegal activities.

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Quoting popeye

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I was wondering however, if given that I was in MY private space and the conversation was not welcomed into the space and in fact intruded upon the space, is there a different law or case law or is that potentially uncharted territory? With the ease of use of I Phones, undoubtedly people will record abuses of "quiet peace & enjoyment".

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No.

This particular statute is quite clear:

"The term “oral communication” means speech, except such speech as is transmitted over the public air waves by radio or other similar device."

So, "oral communication" includes any speech, even loud speech that comes unbidden into your dwelling.

It's a crime to record the yelling of your neighbors.

Some state have an exception if there is no expectation of privacy. MA does not have that exception.

You're toast if you get caught or if you try to use the recordings in defense of breaking your lease.

Your options include calling police about the noise or child protective services if you think the child is being abused.

You wrote that you live in an apartment. If the LL is not resolving your complaints you might have grounds to break the lease but I suggest you read the landlord tenant statutes to make sure if you do and make sure you follow any required procedures like written notice and opportunities to cure.

http://www.malegislature.gov/Laws/Ge...leI/Chapter186