Legal Question in Civil Litigation in Minnesota

Video monitoring of my property by neighbor next door

I want to know if being monitored by video and auditory monitoring done by 2 video cameras directed into the front and the back yards of my private residence could be considered stalking under Minnesota's Anti-Stalking Law, Minnesota Statues Section 609.749? I feel threatened, oppressed and persecuted by these devices and this is the second set of cameras that these neighbors have erected 9+ feet in the air overlooking my entire lot, into my garage, into at least one of my bedroom windows.


Asked on 11/13/06, 1:42 pm

2 Answers from Attorneys
David Anderson Anderson Business Law LLC

Re: Video monitoring of my property by neighbor next door

No

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Answered on 11/13/06, 2:08 pm
Christopher Gonko Scrimshire, Martineau, Gonko & Vavreck, PLLC

Re: Video monitoring of my property by neighbor next door

Regardless of whether the statute applies, it is a criminal statute, which only the State has authority to enforce. In other words, the police would need to be involved, then refer the matter to the prosecutor's office, which may or may not decide to prosecute the charge. You may have a private cause of action in civil court for invasion of privcay, however. It is difficult to say how viable that claim may be without more information. You should contact a Minnesota attorney to discuss the matter further. You can feel free to contact me at my office. If I can't help, I could likely refer you to other attorneys in your area.

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Answered on 11/13/06, 3:48 pm


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