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Posted: 6/8/2009 4:44:25 AM EST
I'm having a big problem with a neighbor. Can any local LEO's give me some advice as to how to better protect my family from an alcoholic nutjob? Here's my thread in GD, it's only three pages but pretty much sums everything up. Please help, this situation is really stressing me and my family out. Thanks in advance.

You can email me at terdferguson13@gmail.com. Please don't IM me, my box gets filled up way too fast. Thanks again.
Link Posted: 6/8/2009 4:59:26 AM EST
Where is the link?
Link Posted: 6/8/2009 5:13:11 AM EST
[Last Edit: 6/13/2009 1:59:12 PM EST by terdferguson]
Originally Posted By NCPatrolAR:
Where is the link?


Sorry, I forgot to add it. Here it is...

***link removed, thread was locked due to personal attacks***

Please read the whole thing (especially my posts), it's only three pages. If you need any further info, please email me. Thanks.

Link Posted: 6/8/2009 5:45:57 AM EST
Email sent through the site.

That GD thread is full of BS for the most part. Of course that is to be expected.
Link Posted: 6/8/2009 5:59:54 AM EST
OK read most of it.
First you are way upside down on the video surveillance thing.
Videotape all you want. but if you record sound you are in violation of FED wiretapping laws.
Stop now.
Don't post that you have again. edit it if you can.

If you want a more detailed explanation I can give one.

On to the original problem.
Move.
I am not joking. you are sitting up nights worrying what a drunk might do. I can tell you from many encounters that drunks don't know what they are going to do till they are doing it and sometimes not even then.
You health is bad, worrying about some one with no self control is not going to help you.
you can try to increase your security, cameras,lights, a dog, start a neighborhood watch.But in the end it sounds like you will still be worrying.
You don't have to explain to me why you did not fight the guy. why go through the trouble of the fight, possible arrest, med treatment,bills court appearances,and lawyer bills a over a drunk? when it is all over he will still be a drunk and you will still live across the street.

Some of these neighbor disputes go on for years or generations. I have seen families go broke fighting in court over this kind of thing. I have seen people end up dead over them.

I realize none of what I said is very helpful or hopeful. truth is you are going to be having this problem until
1 He quits drinking
2 one of you moves
3 he gets locked up, killed in a wreck, dies,

Good luck
NOI 17 years LEO
Link Posted: 6/8/2009 6:00:32 AM EST
I am no cop, and it sounds like a horrible situation. I have a neighbor who we have problems with as well, not a violent neighbor but problems none the less. I would be careful of how you describe your neighbor, because it could be possible to charge you with libel if some of the terms you have used are not true. I second that you really need to hire a lawyer before you post more info on here. While people on this site are very helpful, it may not be too wise to share information like that on a public forum. I know you have a SA to protect your property and family, it may be time to get legal protection as well. I hope it all works out for you.
Link Posted: 6/8/2009 7:21:51 AM EST
Originally Posted By nooneimportant:
OK read most of it.
First you are way upside down on the video surveillance thing.
Videotape all you want. but if you record sound you are in violation of FED wiretapping laws.
Stop now.
Don't post that you have again. edit it if you can.

If you want a more detailed explanation I can give one.

On to the original problem.
Move.
I am not joking. you are sitting up nights worrying what a drunk might do. I can tell you from many encounters that drunks don't know what they are going to do till they are doing it and sometimes not even then.
You health is bad, worrying about some one with no self control is not going to help you.
you can try to increase your security, cameras,lights, a dog, start a neighborhood watch.But in the end it sounds like you will still be worrying.
You don't have to explain to me why you did not fight the guy. why go through the trouble of the fight, possible arrest, med treatment,bills court appearances,and lawyer bills a over a drunk? when it is all over he will still be a drunk and you will still live across the street.

Some of these neighbor disputes go on for years or generations. I have seen families go broke fighting in court over this kind of thing. I have seen people end up dead over them.

I realize none of what I said is very helpful or hopeful. truth is you are going to be having this problem until
1 He quits drinking
2 one of you moves
3 he gets locked up, killed in a wreck, dies,

Good luck
NOI 17 years LEO


Thanks. Wanna buy a house?

Seriously, I appreciate the info and defer to your superior knowledge regarding the audio. I'll cease immediately. But if you could, please give a brief explanation of why it would be illegal if everyone is aware it's taking place. It's really no different than having my window open. I appreciate it.
Link Posted: 6/8/2009 7:57:28 AM EST
Although this site was made for journalist it has a good overview of the laws.

http://www.rcfp.org/taping/index.html

It also has a state by state guide.

Here is NC


NOI
Link Posted: 6/8/2009 9:16:07 AM EST
[Last Edit: 6/8/2009 9:22:27 AM EST by ThePrim8]
Originally Posted By nooneimportant:
Although this site was made for journalist it has a good overview of the laws.

http://www.rcfp.org/taping/index.html

It also has a state by state guide.

Here is NC


NOI


In NC, if one person in the conversation knows that the conversation is being recorded, you are GTG. You don't need permission to record the convo from the other person.

Your Friendly Internet Lawyer.



ETA: I just read your original post. TheGooseFucker1 might be on to something. Can you wander over and talk to him when he's sober? Discuss digicams?

Link Posted: 6/8/2009 10:35:34 AM EST
[Last Edit: 6/8/2009 11:43:37 AM EST by FreeFloater]
no need to draw more attention to this... agreed

Link Posted: 6/8/2009 11:14:21 AM EST
"Keep your friends close...and your enemies closer."
Link Posted: 6/8/2009 11:26:48 AM EST
In NC, if one person in the conversation knows that the conversation is being recorded, you are GTG. You don't need permission to record the convo from the other person

If you are one of the persons having the conversation

FreeFloater
This is not true.

In all but 12 states, only ONE OF THE PARTIES must consent to the taping:


Yes it is.

Guys I am trying NOT to draw more attention to this.
The OP was NOT one of the parties having the conversations. he recorded the Police and the neighbor talking.

He has no legal right to record the conversations of others.

NOI
Link Posted: 6/8/2009 11:51:13 AM EST
Originally Posted By nooneimportant:

He has no legal right to record the conversations of others.



I agree about lessening the attention given the circumstances...

Would this apply to a camcorder being used in public? The lens may be pointed at Tom, but the microphone will pickup many other sounds.
Link Posted: 6/8/2009 1:43:24 PM EST
Originally Posted By FreeFloater:
Originally Posted By nooneimportant:

He has no legal right to record the conversations of others.



I agree about lessening the attention given the circumstances...

Would this apply to a camcorder being used in public? The lens may be pointed at Tom, but the microphone will pickup many other sounds.


it wont matter because the conversation took place in the open... further, in almost every state, recording a cop's conversation while he is conducting police business is protected as part of free press... the exception would be if the conversation took place INSIDE the neighbors house or if he was recording their phone calls...

all the homeowner will have to do to make 100% sure he is in the clear is to post a sign that says "audio and video recording takes place on these premises" so long as that sign is visible when you approach the house, he would be clear for sure, but from my brief reading of the post, i think he is ok anyways... im pretty sure that there is no legal expectation of a private conversation unless you are inside a building...
Link Posted: 6/8/2009 2:00:57 PM EST
Originally Posted By mekender:
Originally Posted By FreeFloater:
Originally Posted By nooneimportant:

He has no legal right to record the conversations of others.



I agree about lessening the attention given the circumstances...

Would this apply to a camcorder being used in public? The lens may be pointed at Tom, but the microphone will pickup many other sounds.


it wont matter because the conversation took place in the open... further, in almost every state, recording a cop's conversation while he is conducting police business is protected as part of free press... the exception would be if the conversation took place INSIDE the neighbors house or if he was recording their phone calls...

all the homeowner will have to do to make 100% sure he is in the clear is to post a sign that says "audio and video recording takes place on these premises" so long as that sign is visible when you approach the house, he would be clear for sure, but from my brief reading of the post, i think he is ok anyways... im pretty sure that there is no legal expectation of a private conversation unless you are inside a building...


This is what I gather from the Federal wiretapping laws I have read. I also asked the officer I talked to at the station yesterday about this and he said it wasn't a problem. But I'm not an expert and I'm not going to push the issue or take any chances. I have enough trouble already.

Link Posted: 6/8/2009 3:16:24 PM EST
I don't see there being a problem with it since there wasn't the intent to record "outside" conversations
Link Posted: 6/8/2009 5:45:48 PM EST
Whats your location and maybe I can be of more help.
Link Posted: 6/12/2009 2:03:03 AM EST
Please read my update on page 7 of the linked thread. It is now very serious. Please email me if you can help. I'd like to give this guy something else to concentrate on for a while besides me (like a DUI).
Link Posted: 6/12/2009 2:49:57 PM EST
Originally Posted By drakefever:
Whats your location and maybe I can be of more help.


+1.

If you need someone to house sit for you while you & your family take a trip out of town for a while, I might be able to help.

I live in the Triad area & am unavailable weekends.

Link Posted: 6/13/2009 6:51:18 AM EST
It was mentioned in the other thread where he is located - it's the southwest part of the state, but I'll leave it up to the OP whether he wants to be more specific.
Link Posted: 6/13/2009 6:34:02 PM EST
so, whats the deal???????????

other thread locked... dont leave us hangin!!!!!
Link Posted: 6/15/2009 4:46:36 AM EST
Do update here - The other thread has been deleted.
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