No Privacy Invasion for Noisy Neighbor Recording

[The Straight Story]

No Privacy Invasion for Noisy Neighbor Recording


(CN) - A Wisconsin couple did not invade their neighbors' privacy by placing a $50 recorder from Radio Shack on the windowsill in order to bust them for being too noisy, the Wisconsin Court of Appeals ruled.

Andrea Burns and James Barr complained to police that their neighbors, Karen and Barry Poston, were harassing them and making too much noise. The police responded that they would listen to audio recordings of the offending racket.

Burns and Barr placed a recorded on their windowsill and taped 18 hours' worth of audio over five months. Police issued a ticket to Karen Poston for disorderly conduct based on her yelling at Burns and Barr on one of the audio CDs.

The Postons moved away and then sued Burns and Barr for invasion of privacy. At trial, Barr testified that Karen called them "fruitcakes" and deliberately made noise to irritate Barr's brain tumor.

http://www.courthousenews.com/2010/05/06/27058.htm

[potsmokinghippie666]

1. -

I don't think people should be sticking any sort of recording device in anyone's window. Why couldn't the police check it out themselves, isn't that there job?

[SoCalNative]

2. The couple making the recording

had the recorder on their OWN windowsill, not the neighbors'.

[MiniMe]

3. It depends on who's windowsill the mic was on

If they placed it on their own windowsill, I don't see it as an invasion.

[HiFructosePronSyrup]

4. If I can hear somebody else's noise inside my home...

it is them who is invading my privacy.

[ProgressiveProfessor]

5. There are some practical limits to that

The noise made by children playing in their own yard in the middle of the day is one thing. Heavy metal at excessive decibels at 2:00 AM is another.

[ProgressiveProfessor]

6. When I helped someone do this, we added a decibel meter as well

so there could be no argument about gain settings.