Buford, GA asked in Criminal Law and Libel & Slander for Georgia

Q: I live in Georgia. Can I cell-phone record my neighbor shouting abuse at us while we are in our own yard?

We live in Georgia. Whenever my wife goes outside, whether yard, patio, or driveway, our next door neighbor shouts insults and abuse at her; appears to be racially motivated but can't prove that yet. Can we record what the neighbor says with our cell phones while we are in our own yard, and they are either in their yard or driveway? My intent would be give to a lawyer in case we need to get a restraining order or press charges for racially motivated abuse.

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1 Lawyer Answer
Glenn T. Stern
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Answered

A: Yes, you can generally use a cell phone to record someone outside and in public. Under such circumstances, your neighbor has no legal expectation of privacy.

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