Q: My dog walked onto my neighbor's property. I went to get her & my neighbor used his cell phone to audio rec me
I told him numerous times that I didn't consent to be recorded and he ignored me and continued recording is that illegal in Maryland?
A: In MD, video recording in public is allowed regardless of consent, while audio recordings require consent of both parties. Most cell phones record both, so theoretically, if you could prove your neighbor recorded audio of you, there may be a violation. In a court proceeding, illegally recorded or obtained evidence may be objected to and not admitted into evidence. As far as charging the your neighbor with violating the criminal code prohibiting audio recordings, you’d have to convince either a detective or a prosecutor to pursue criminal charges on your assumption there was an audio recording. Even if the neighbor proves that for you by publicizing the recording (or trying to use it as evidence in a civil suit with you), I doubt seriously the State would bother pursuing a criminal case in this situation. Keep your dog on a leash, as that is the law you violated. If your neighbor posts his property or directly notifies you to stay off his property, you can also be charged with trespassing, a criminal misdemeanor. Remember the old saying: “Good fences make good neighbors.” Invest in a fence.
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