Legal Question in Criminal Law in California

Federal AND California law for notification of private audio recording
Hello:

I am having issues with a neighbor walking into an area behind my bedrooms late nights and early mornings for his pets to relieve themselves. I've asked him to take his pets somewhere else but he insists that it's common area and has the legal right to be back there.

I would like to use a personal digital camera to record a conversation with him, but it may be very late at night and the video portion of the recording may not work since it's so dark.

Is this legal since it's a private conversation from inside my dwelling to outside? Do I have to have his consent?

Asked on 6/18/07, 10:19 am

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

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Re: Federal AND California law for notification of private audio recording

You must disclose the fact that you are recording for it to be admissable in court. Contact me dirctly.

Answered on 6/18/07, 12:07 pm

Jay Leiderman Leiderman Devine LLP

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Re: Federal AND California law for notification of private audio recording

What you are proposing sounds like it is be illegal per Penal Code section 632.

Answered on 6/18/07, 2:21 pm

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