Massachusetts  |  Personal Injury

Legal Question

Asked on: 6/29/11, 5:28 am

I live in MA. My neighbor who lives in the same building entered my apt (my door was unlocked for a second) and took a couple pictures of my room. She overheard the sound of my door closed but not locked; she came out of her apt, opened my door, put her upper body into my apt, and took some pictures of my room. She did not publish those pictures.

The purpose of taking the pictures was to find out "shady" things that she believed that I was doing. I have literally nothing to hide and I seriously think she is crazy. I have no problem if a police comes in any time, but I do have a problem my neighbor opened my apt's door and "gathered" information in my private space assuming that she would find something.

Since I had no sign or notice of "no trespassing" on my apt's door nor locked my door, I believe my neighbor's act does not meet the criteria for trespassing in MA.

However, her act caused a great deal of mental distress. Can her act meet the criteria for the invasion of privacy on the ground of intrusion? If so, is a tort less serious than misdemeanor (such as trespassing)?

I just do not understand how anyone can get away with entering someone's private space without permission (entering means entering any part of one's body)....

If someone could help, I would really really appreciate it.

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