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  1. #1
    Join Date
    Feb 2010
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    4

    Default Video Surveillance and Privacy Laws

    STATE: Michigan

    Hope this is the correct forum. Questions regarding installing a video (only) surveillance camera on my property with a view of mine and the neighbors yard.

    Long running dispute with a neighbor, trespassing and littering mostly. I installed a fence (not privacy type, about 50% see through) about 2 years ago. That stopped the trepassing, but the littering (thrown over the fence) and other stuff continues.

    I can't see the neighbors house or yard from my home, so thinking of installing a video surveillance camera or two (in plain view, not hidden) to hopefully discourage them and capture the evidence if it doesn't - but want to ensure I'm not breaking any laws.

    Do I need to me concerned if my camera is aimed toward and captures images from their yard? I intend to place it about 15' off the ground and 30' on my side of the property line. This would allow me to see my fence, and over it into their yard. They have no fencing of their own, their yard is clearly visible by other neighbors and from the street.

    Found the applicable Michigan law, 750.539d, so I guess my question is whether they are "entitled to privacy" in their yard? Any feedback, or other suggestions on how best to proceed from a legal standpoint (do's/don'ts) would be much appreciated.

    Thanks

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Video Surveillance/Privacy

    basically speaking: if you can view the area from a vantage point that is legal for your to be, you can record with the exceptions of it being for lewd or lascivious purposes. Make an effort to avoid anything inside a building. While in many cases it might be legal, it can too easily swing to be illegal as well. Just avoid it.

    In Michigan, you can record conversations that you are a party to but other than that, you must have all parties to the conversation give consent.

    you did read this section of the law didn't you:

    (2) This section does not prohibit security monitoring in a residence if conducted by or at the direction of the owner or principal occupant of that residence unless conducted for a lewd or lascivious purpose.

  3. #3
    Join Date
    Feb 2010
    Posts
    4

    Default Re: Video Surveillance and Privacy Laws

    Thanks JK - I have a photo collection and some hand written notes of their doings and our conversations, going back a couple years, to show it isn't anything lewd or lascivious I'm interested in.

    Section (2) of the law wasn't clear to me when it referenced "in a residence", as I took that to mean "in the house/home", like a nanny cam. Still not sure I understand the legal difference of "residence" versus private property, curtilege, abode, domicile, or other refs to a homeowners home and property - but I did happily note that "security monitoring" was explicity mentioned as legal.

    One other question on this topic, is there any definable legal limit where "security monitoring" could constitute harassment, or other, crime? Like a reasonal person standard? Hypothetical: 1 mile of fence line surrounding a home, bordering 6 different neighbors, but heavily, blatently, and prominently monitoring only 150' (the fence line with one particular neighbor) of it?

    Thanks

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Video Surveillance and Privacy Laws

    my mistake: section 2 does reference INSIDE a residence.


    So, let's go back a step:

    (a) Install, place, or use in any private place, without the consent of the person or persons entitled to privacy in that place, any device for observing, recording, transmitting, photographing, or eavesdropping upon the sounds or events in that place.
    So, where does a person have a right of privacy? Someplace not viewable by the general public. You say their yard is open to the public, right? So, they have no expectation of privacy in their yard.

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