My idiot neighbor

[jzmtl]

I thought that was for phone calls, otherwise all the home surveillance videos would be useless, no?

Or you could just announce "this conversation may be recorded for quality assurance purposes" before start talking.

[Lynn LeFey]

In the U.S., there is a one-party consent law in most states, including the one I'm in. I'm also looking into maybe getting a couple security cameras.

[comis]

Lynn, hope this will end in a good way soon.

Definitely get a security cam and possibly a digital video recorder to go with it(so you have both audio and visual).  That way you are not purposedly recording anyone, unless they are come into your yard.

[Chako]

Security cameras are ok I think. Just can't carry a pocket recorder and secretly record conversations...they wouldn't be admissible in a court of law...at least up here in Canada.

[pfrsantos]

I don't know how legal it is where you live but a good option to firearms are telescopic defense batons. You don't risk killing someone and be the criminal, but you can disable someone (or an animal) very effectively.

If you can get some kali eskrima silat lessons, you can even make do with an umbrella or just a walking cane. There's no need to have a permit for those...

[captain spaulding]

Security cameras are ok I think. Just can't carry a pocket recorder and secretly record conversations...they wouldn't be admissible in a court of law...at least up here in Canada.

In the U.S. that is perfectly legal.

[Syph007]

Security cameras are ok I think. Just can't carry a pocket recorder and secretly record conversations...they wouldn't be admissible in a court of law...at least up here in Canada.

In the U.S. that is perfectly legal.

I'm pretty sure you can record conversations you are a part of in Canada.  That's called one party consent and there are many precedent cases of where it was declared legal in court.  You for sure can't record conversations you are not a part of, thats a breach of privacy.

Precedent examples down on this page.  http://www.legaltree.ca/node/908

"In R. v. Strano (2001), 80 C.R.R. (2d) 93 (Ont. H.C.J.) a contractor surreptitiously recorded a conversation he had with the accused using a device disguised as a pen. The recording was originally made for the contractors own purposes, but later provided to the police who used it in a criminal prosecution for the offences of accepting secret commissions and breach of trust. Lane J. considered the relevant Criminal Code provisions and the Charter, but held that neither applied to the recordings."

[Chako]

Maybe the police officer who told me that years ago was wrong. 

I did a bit of research and all I can say, it is a gray area at best. I did find this however which I thought was interesting...which that pen would fall under I think in your example...

Section 191(1) of the Criminal Code provides as follows:
 
Every one who possesses, sells or purchases any electro-magnetic, acoustic, mechanical or other device or any component thereof knowing that the design thereof renders it primarily useful for surreptitious interception of private communications is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
 
Section 191(1) of the Criminal Code sets out exceptions to that prohibition for the police and persons holding licenses to possess surreptitious devices.
 
Thus, Canadian can record their own conversations, but should do so with regular recording devices such as dictaphones, tape recorders, ipods etc.

EDIT: Found more info...yep, that police officer was wrong. Not so much a gray area after all. Cool. Not that I am going to start recording conversations...because that would definitely not go well at work.

[Syph007]

Cops arent lawyers though, so even what was intent of the law may or may not hold up in court, but of the examples I found they were used as evidence.  I cant find anything that plainly says its illegal. 

Im sure its why on the phone calls to businesses they have that disclaimer 'your phone call may be recorded' but ive alwasy wonder if it was necessary, or just a legal cover your butt thing.

Maybe the police officer who told me that years ago was wrong. 

I did a bit of research and all I can say, it is a gray area at best. I did find this however which I thought was interesting...which that pen would fall under I think in your example...

Section 191(1) of the Criminal Code provides as follows:
 
Every one who possesses, sells or purchases any electro-magnetic, acoustic, mechanical or other device or any component thereof knowing that the design thereof renders it primarily useful for surreptitious interception of private communications is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
 
Section 191(1) of the Criminal Code sets out exceptions to that prohibition for the police and persons holding licenses to possess surreptitious devices.
 
Thus, Canadian can record their own conversations, but should do so with regular recording devices such as dictaphones, tape recorders, ipods etc.

EDIT: Found more info...yep, that police officer was wrong. Not so much a gray area after all. Cool. Not that I am going to start recording conversations...because that would definitely not go well at work.

[Grant Lamontagne]

Just be aware that in Canada, you couldn't use anything recorded without the other's consent in a court. Not so sure how that would go in the US.

A bit late I know, but that is false.

As long as one party in the conversation is aware that it is begin recorded it is admissible in court.

Def

[Mr. Whippy]

It's not generally legal in the US as Linda Tripp found out. 

[RT1969]

I would not worry so much about what might be useable in court or not. I would try to recorde the next confrontation.

Even if it might not be admittable before the judge, it will help your lawyer or it could prove useful in dealing with the police. Better to have and not to need than otherwise.

As always I hope for the best outcome for you, Lynn!

[WhichDawg]

wow Lynn, you got us on your side!

I'm so sorry your going through this (sucks) maybe it's time to get the word out and public opinion (and bigger profile people on your side) and give this story to the local newses, they probably would luv this story with all the info you have now.

What is probably gonna happen is she is going to jail, but like suggested then the kids/sons will take over and I doubt that will be any better for you, but if the public is involved and on your side (or the side against DUI and bad neighbors) maybe it would be a "bad" place for them to live?! as in too much attention (and outcry).

just an idea, I just don't think you should go through this alone (you and your family/mate) and get some more help and home made pies

Rootin for Lynn!

[Lynn LeFey]

Because it's easier than keeping track of it elsewhere.

Neoghbor (with revoked license) just drove up. Her teen son's friend was parked in their driveway. Neighbor apparently asked kid to move the car. She then proceeds to back her vehicle into our trash can (which is on the curb in front of our house, since it's trash day), before parking.

Maybe she'd illegally drive better if she were sober. 

[derekmac]

Try and get photos/videos of her driving, and keep calling the cops on her.  The more time she spends in jail, the less you have to deal with her.

[Lynn LeFey]

For the record.

I think I mentioned that my idiot neighbor was in Contempt of Court for not showing up at her last hearing (in neighboring St. Clair County, for fleeing the scene, driving without license, and driving uninsured).

Her rescheduled date was today.

Update on St. Clair Circuit Clerk's records shows her as... not showing again. Another Contempt of Court. Rescheduled for Oct 20.

It has, if nothing else, shown me just exactly how much stupid, and illegal stuff you can get away with while law enforcement does absolutely nothing.

She's scheduled to go to court in THIS county on the second of July on re-opened felony hit-and-run charges from 2 years ago. I suspect because she hasn't paid restitution ($5000) to the person she hit. I'm curious to see how that'll go.

 

[Aloha]

 

[Grathr]

Sent from a device made from star dust using tapatalk

[bmot]

 

[Mr. Whippy]

You know this is headed to "Cops" one day doncha?

[Lynn LeFey]

I actually made a comment on Facebook some time back that was something like "I was just watching an episode of Cops where they caught this drunk driver and gave her the old cuff-and-stuff. No, wait... that was my neighbor next door."

My cousin died from drunk driving. She ran off the road and into an oak tree. A branch punched through the windshield, into her eye, and through her brain, killing her.

I don't normally wish ill on anyone, but I'd prefer my next door neighbor do this to herself instead of wrecking into other people.

To say that I don't find drunk driving funny is a MASSIVE understatement, and while I don't know it as a certain fact, I strongly suspect the reason she fled her last hit-and-run was because she wanted to avoid the cops until her blood alcohol level dropped.

Her screwing up her own life is her own business, but putting other people at risk really, really pisses me off.

[comis]

You know this is headed to "Cops" one day doncha?

I much rather to see her place on a home improvement show on TLC, while showing off all the MTs laying around the house, than an episode of Cops.

I am just glad that other housing buying thread seems to be going pretty well, and only hope the buyer of your house will not be disturbed by the animals(yes, includes human-form animals) next door.

[Lynn LeFey]

Hey... do I get a C-C-C-Combo! for 4 facepalms in a row?

[scattergun13]

For the record.

I think I mentioned that my idiot neighbor was in Contempt of Court for not showing up at her last hearing (in neighboring St. Clair County, for fleeing the scene, driving without license, and driving uninsured).

Her rescheduled date was today.

Update on St. Clair Circuit Clerk's records shows her as... not showing again. Another Contempt of Court. Rescheduled for Oct 20.

It has, if nothing else, shown me just exactly how much stupid, and illegal stuff you can get away with while law enforcement does absolutely nothing.

She's scheduled to go to court in THIS county on the second of July on re-opened felony hit-and-run charges from 2 years ago. I suspect because she hasn't paid restitution ($5000) to the person she hit. I'm curious to see how that'll go.

 

"absolutely nothing" really? Tell that to the families of the 105 officers killed in the line of duty in the U.S. in 2013.

[Lynn LeFey]

'Absolutely nothing' TO HER. This woman has done what seems to me to be criminal offenses worthy of serious (YEARS) worth of prison time. And yet, there she is, living next to me, free.

I'm not saying law enforcement officers do nothing. My brother was shot in the line of duty. I know cops put themselves on the line. I'm say the legal system is failing pretty miserably in her case.

[scattergun13]

Your earlier post said 'law enforcement" not legal system and in your case they are 2 different things. The problems you are having now can be blamed on a number of things, mostly criminal defense attorneys,and an over burdened legal system. The officers themselves are still taking the calls, making arrests and filing charges. Whether or not the "system" takes those charges is out of their hands.

[Lynn LeFey]

"Law enforcement broadly refers to any system by which some members of society act in an organized manner to enforce the law by discovering, deterring, rehabilitating or punishing persons who violate the rules and norms governing that society."

Does that settle the matter?

EDIT: This might have sounded harsher than intended. I just think you're assuming 'Law Enforcement' in a narrow sense where I'm using it in a broader sense.

[scattergun13]

"Law enforcement broadly refers to any system by which some members of society act in an organized manner to enforce the law by discovering, deterring, rehabilitating or punishing persons who violate the rules and norms governing that society."

Does that settle the matter?

Sure...

[Whoey]

With the way the house hunting thread is going, soon your idiot neighbor will only be a bad memory

[Lynn LeFey]

My hubby and I have settled on the notion that we will most likely check her progress (as in, her criminal record) occasionally, just to amuse ourselves.

But I am largely hoping this is true. One of those weird things that becomes much more amusing in hindsight, since it at least gives you a good story to tell.