Washougal, WA asked in Real Estate Law, Civil Litigation and Civil Rights for Oregon

Q: Can someone trespassing on your property record you even when you have told them they may not?

The area where the person was recording was NOT visible from anywhere in view or even by air (think thick grove of trees). The person being filmed was clear about not being recorded. No crime of any kind was being committed by the landowner. The person filming was trespassing after being told not to and being told to leave. Can the video be used in legal proceedings for any reason? (The landowner believes that the trespasser was attempting to set up the landowner in order to eventually assault them or use lethal force on the landowner). Is there Oregon statues for filming on private property against the will of the landowner?

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: In Oregon, recording someone without their consent in a private place where they have a reasonable expectation of privacy is generally illegal. If you explicitly told the person not to record you on your property and they proceeded to do so anyway, their actions may constitute a violation of your privacy rights. However, whether the video can be used in legal proceedings depends on various factors, including the specific circumstances of the recording and any applicable laws or regulations.

If you believe that the trespasser was attempting to set you up for harm or harassment, it's important to document the incident and gather any evidence, including the video recording. You may want to consult with a legal professional to understand your rights and options in this situation. They can advise you on the best course of action to protect yourself and pursue any legal recourse available to you.

It's essential to take proactive steps to address the trespassing and invasion of privacy, as well as to ensure your safety and security on your property. By seeking legal guidance and asserting your rights, you can work towards resolving the situation and preventing any further unauthorized intrusion or harassment.

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