Expert: Morgan Smith - 9/21/2011

Question
Hi,

Recently, when I got home, my Mail Alarm was triggered (when someone opens the door to my mail box across the road, an alarm beeps inside my house) and, since there was no mail I also checked my CCTV digital recorder.

I discovered that a van has stopped in fron of my mail box and, has looked inside my mail box and then, two persons drove on my driveway (woman and man) got out and videotaped my front doors (I have two messages taped on my doors: NO PROSLETIZING-police will be contacted to arrest violators and second sign: NO SOLICITING-police will be notified to arrest trespassers).  The man also videotaped my dome where the cameras are hidden and, the woman wrote down my plate number (the one on the back since the car was parked with the back to the garage). The did ring the bell but, I wasn't home. They didn't leave a calling card to my door.
I assume they'll contact the motor vehicle bureau to see who the plate is registered to and sue me for whatever reason.

That do you think of this illegal recording on my premise as well as looking inside my mail box (to obtain uncollected mail with my mail on it) and there's NO name outside my mail box.

Thank you,
Michael.

Answer
Dear Michael,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question is about the legality of video taping.

State laws vary, but my understanding is that when something is public, anybody can record it without breaking the law.  So, if the van occupants were on a public street or sidewalk, and filmed your house I don't detect a cause of action for you.  When they entered your driveway, they may have been trespassing, but my recollection is that there is generally a permissable use of driveways for turning around etc.  Whether or not that's codified in your state law, your video'ing opponents may use that convention as a defense.  I do suspect that examining your mail box is a Federal violation of the laws pertaining to use of the mail.

I recommend that you bring your information to an attorney licensed to practice in your state, particularly someone with experience in privacy laws, and get some proper information about the statutes and rules that apply in your state.  Further, you might want to call the police for your current and future protection and alert the postal inspector in your area.  If you suspect you might be getting sued, you may want to share why that's on your mind with your attorney as well.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law