Legal Question in Civil Litigation in Washington

Home Security Camera

I've been having problems with my neighbors throwing trash ect.. into our yard. I've recently set up a security camera on my window sill to catch them at it. They found out and called the police and I just received a registered letter from their attorney saying my actions constitute unlawful harassment and that unless I take the camera down in 5 days they intend to bring legal proceedings against me and will request recovery of attorney fees and costs.

Really, I feel the one harassed. Everything I've read said having a security camera is completely legal. That anything I can see out my window is fair game. I'm not trrying to peak inside their home, just watch my fence line.

Please help. I don't want to let them try to intimidate me through their lawyer.


Asked on 2/01/07, 6:53 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Home Security Camera

Neighbor disputes are awful. Everybody has an agenda and neither of you will ever win unless you break the stalemate.

They can call the police - reports to police are privledged and they can say whatever they want in those reports.

The fact that you were not contacted by the police but by private counsel suggests that they attempted to have you arrested but the prosecutor declined to prosecute the case. I don't know for sure, but that's what it sounds like.

The attorney is getting paid for his opinion, and can make whatever conclusions he wants, that doesn't mean a judge is going to agree with him, and in the end analysis, his conclusion is pretty worthless when the prosecutor and the sheriff don't back him up.

If they really had a case, you would face criminal sanctions, not a civil lawsuit.

You are making the error of assuming that "everything you have read" is the state of the law in Washington regarding surveillance is correct. That may or may not be true, and Google is not your friend when it comes to determining the law, unfortunately. What if you were referring to a statute in Wisconsin, but didn't know that? Or a Washington statute that was overturned by recent caselaw? You cannot know without checking with a lawyer.

The city or county where you live likely has an ordinance about garbage - dumping, and a method to enforce compliance.

Review that and contact the appropriate officials regarding your proof of your neigbor's wilful garbage tossing.

The "communication from an attorney" that you need to pay attention to is a summons and complaint.

You can lawyer up and have your lawyer write a letter demanding that your neighbor stop tossing trash on your property.

Or you can make a concerted effort to get over yourselves (I am not trying to be rude, just ruthlessly realistic) or finally, you can move.

Hope this helps.

Powell

Read more
Answered on 2/01/07, 9:07 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Washington