Legal Question in Criminal Law in California

Re: Conversation Recording

in respect to private communications/conversations, california state statute holds that in order for a conversation to be recorded, BOTH parties to the conversation must GIVE consent, or at the very least have REASON to believe said communications were actually being recorded. here, since you did not know, have reason to know, and/or did NOT consent to the recording of your private conversation in your home, not only is your neighbor's conduct illegal, but it is ALSO actionable. meaning, you could recover statutorily determined damages from this person, effective immediately. if you would like further legal assistance/direction in this matter, contact us today.

Re: Conversation Recording

Mr. Torrey's legal analysis is quite correct, but there is one factual issue he didn't discuss which may affect your rights.

You describe the person who recorded this conversation as the child's older brother, but did not say how old he is. Courts may be reluctant to impose the substantial statutory penalties for this crime on a child, especially since secretly recording a private conversation is also a crime -- as he and his family will learn if they try to take the recording to the police.

The tape will not be admissible in court if the neighbors try to use it as evidence against you. Such tapes are made inadmissible by statute regardless of what they reveal or of what crimes or torts they might prove. The one exception to this rule is that the tape may be used as evidence against its maker when he is prosecuted for taping the conversation.

If your neighbors have been harassing you you should document what they do. You may have a very strong case for a civil restraining order against them depending upon what has happened.

You might also want to have a lawyer write a cease-and-desist letter to the neighbors on your behalf. Some people seriously reconsider their actions once they see that their adversary has counsel. Then again, getting a lawyer sometimes makes things worse.

Feel free to contact me directly if you are interested in having such a letter prepared.