Many state's laws regarding audio recording use language similar to
"reasonable expectation of privacy."  If one person is party in a
conversation, that person should generally be able to record the
conversation without notifying any other party.

It also means that you can record conversations that are at very loud
volumes - if your neighbors are yelling at each other and you overhear
them in your house they cannot have a reasonable expectation of privacy,
even though you are not specifically a party in their conversation.

This also means that you can't record a quiet conversation on a park
bench, as long as those involved in the conversation carry it in low
enough tones (or stop when someone nears).

A fairly good bar is - if you can hear it and record it without special
equipment (bugs, long range microphones, etc) and you are within view of
those holding the conversation (and they know you are there and can hear
them) then there is little reason to worry.

In this case, it should be perfectly fine to record audio of this
neighbor loudly berating or harrassing.

Video is another ball game.  In most states there are no laws regarding
video recording or transmission, though that is changing due to cases
where there was no easy way to prosecute people who set up cameras
(without audio) in other people's homes and viewed, recorded, and even
sold the resulting footage.

But you should be able to apply the same principles.  If you can see
something you can record it.  Think about the photos that papparazzi get
and aren't prosecuted for.  Perhaps zoom lenses and high definition
video recorders are out of bounds, but you can check your state laws.

I'd suggest speaking with a lawyer on this subject.  They will know the
laws in your state, and also understand how best to gather useful
evidence.  It'd be painful to go to all this trouble and then find out
that you can't use the evidence because of some minor technicality.

-Adam

Matthew Brush wrote:

> I thought there was this "Patriot Act" that destroyed privacy laws?  I
> bet they have changed A LOT in the last few years.
>
> My understanding is that you are allowed to videotape or audiotape
> anyone as long as they are in public.  I'm not sure if sitting on the
> porch is "public" but surely it's not illegal to record the sounds
> around ones house.
>
> Is there a "neighbourhood association" ?  Sometimes they can put the
> pressure on to get someone outta there.
>
> It's so sad that there are people like that out there.  Makes me sick.
> I'm not a religious person, but I do believe in the 10 commandments.
>
> Good luck, hopefully good will overcome evil.
>
> MJ Brush
>
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