Legal Question in Landlord & Tenant Law in California
Am I able to take a picture of someone without asking their permission beforehand?
I live in a small apartment building, and I took a picture while on the walkway outside the apartment doors but within the small complex itself. There was a woman standing (in everyday shirt and shorts, nothing at all provocative) there, and she started bitching that it was harassment and she'd call the police. We were both standing on the walkway outside of our apartments at the time.
She's a tenant that's only been living here for 1-2 years at most. I've lived here for almost 10 years no, and I know for a fact I've had no complaints of any kind whatsoever.
The woman was holding her small dog at the time, which had just been barking very loudly for a long time. Despite dogs being prohibited here, she has a small shit-zu, and on two different occasions when the dog was barking loudly inside her apartment when he wasn't home I complained to the building managers, and those two different managers forwarded to me during those discussions that the woman "bullshitted" the owner with the therapy dog certification, and that the owner is currently trying to find a way to get rid of her.
I won't go into the details of her blatant abuse of this privilege, as this is not the reason for my email. The reason I took a picture of her holding her small dog - which never wears any kind of therapy dog jacket - is because I want to start documenting the times her dog is an issue to the other tenants.
I have no intention of using the picture for any personal use whatsoever. I have no intention of publishing the picture in any means whatsoever, nor of putting it on the internet. The only use I intend to possibly have for the image is to send it to the Coalition of Assistance Dog Organizations, which I believe is who I'd send any evidence to.
Am I correct in being able to take her picture, without asking her beforehand, without it being any kind of harassment?
1 Answer from Attorneys
When she is out of her living unit she has no expectation of privacy and you can take a picture of her. If you were taking a large number of pictures it might go over the line and be harassment.
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