Legal Question in Criminal Law in Massachusetts

video tape evidence
My neighbor claims to have video taped evidence of me consistently playing my car stereo loudly as I pull my car into my driveway. She claims this constitutes harassment and has filed a court complaint through the local police. Is this legallly allowed to be introduced as evidence in a courtroom? What about the audio? Doesnt federal law prohibit this as wiretapping.

Asked on 11/13/08, 1:06 pm

Joseph Murray Joseph M. Murray, Esq.

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Re: video tape evidence

It is legal to record anything that can be seen with the eye or heard with the ear in publisc and it would be admissible in evidence.

You should consider retaining an attorney to request a show cause hearing to attempt to prevent a criminal complaint from issuing.

Answered on 11/13/08, 2:22 pm

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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Re: video tape evidence

If the foundation is laid, it could be introduced. Not everything that is recorded is a violation of this law.

Answered on 11/15/08, 4:52 pm

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