Homeowner Builds 7-Foot Privacy Fence, Claims Neighbor Installed Camera to See Over It

Flock cameras are a hot topic of conversation right now. Some people in the U.S. would like to see the license plate readers banned, calling them an invasion of privacy and arguing that they violate our Fourth Amendment rights.

Then others support the use of Flock cameras, arguing that they can assist law enforcement with criminal investigations and potentially deter crime.

But one Redditor says that their issue with surveillance cameras is a little different, since they claim that their neighbor has made a homemade version to peer over the tall fence that separates the two properties. Not only that, but the Redditor claims that the camera has the ability to move and tracks their movements while they are out in the yard.

Now, they have taken to Reddit to ask for advice. “Help,” is how u/heymanwhatsthemove began their post. “Crazy neighbor made his own Flock camera to watch over my 7-foot fence.” Fortunately, Reddit had a lot of good advice, including some legal information that the OP could try using to get the cameras removed. 

Redditor Says the Neighbor is Watching Them 

Help! Crazy neighbor made his own flock camera to watch me over my 7 foot fence
by
u/heymanwhatsthemove in
neighborsfromhell

The OP shared a picture of the homemade camera in their post about the situation, noting that they were located in California. “He already has three or four cameras pointed at the fence line where I put up a 7.5-foot fence, and one of them is mounted about 15 feet high on his roof where he can easily see me over the fence,” the post explained. “Then I caught him putting up this one, which is right up to the fence and very close to my living room windows.” 

According to the post, the camera is solar-powered, sits a foot or two above the fence line, and moves and tracks the Redditor’s motion.

People Said Using a Camera Like This Isn’t Legal 

Several people in the responses explained that the camera was likely illegal due to rules against using cameras on private property. “Under California Civil Code § 1708.8 and Penal Code § 647(j), you cannot use a device or camera to record private activities in areas where people have a reasonable expectation of privacy, such as inside a home, through private windows, or into a fenced, private backyard,” one of the highest-rated comments on the post said.

Then some felt bad for the OP’s neighbor. “I feel sorry for your neighbor who must have such a pathetic life that he has nothing better to do with his life,” one person wrote.

According to the BackStreet Surveillance blog, whether a camera pointed into someone’s backyard is illegal varies by state and depends on several factors. For example, there are exceptions to the rule if the camera is pointed at a public space and inadvertently catches part of the yard. Additionally, cameras without audio recordings are more likely to get a pass in some states, since video recordings are regulated differently. 

That being said, anyone who finds themselves in a situation similar to the OP’s should check local laws and regulations before deciding how to proceed with their complaints.