Q: Can I record my neighbor's front yard from my house? I did it to catch him committing a crime that I witnessed.
I did call the police and showed the 2 officers that responded. They went to talk to the neighbor and then came back and told me to file a injunction against harrassment. They did not do anything to the neighbor that urinated outside. The front yard of the neighbor is open to a public road. They do not have fencing or bushes for privacy. If a car was driving by they would have seen my neighbor urinating. We live within 300 feet of a middle school. This happened in the daytime. I recorded from my bedroom window. Plain view, I used a normal camera.
I want to know if I am allowed to legally record my neighbor. I would also like to know how to pursue the video evidence I have of my neighbor urinating in public.
A:
Can you videotape your neighbor in his front yard? Yes. The important question here is: would your neighbor have a reasonable expectation of privacy in whatever location you are filming him in? If the answer is no, as it appears to be here, then you may capture video without breaking Arizona criminal law. What you DO with the video may get you into trouble and is a different question.
How can you use the evidence? You have two options and I would suggest you pursue both. I would turn a copy over to law enforcement to supplement your complaint. Secondly, the police are correct; you should file for an Injunction Against Harassment. For self-help, go to superiorcourt.maricopa.gov/llrc/injunctions-against-harassment/.
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