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hypothetically speaking.....

  • 05-10-2012 6:30pm
    #1
    Registered Users, Registered Users 2 Posts: 4


    hypothetically speaking...
    if a person were to film their neighbors in neighbors own private garden of neighbors home without neighbors knowledge in a bid to gain evidence and use as legal evidence in a court of law against neighbors...would said person be breaking the law and would said evidence be admissible?

    what recourse if any, would the neighbors have against said person due to these actions.
    thank you.


Comments

  • Posts: 0 [Deleted User]


    Hypothetically the charter doesn't allow the giving of legal advice, even in the case of a hypothetical OP with remarkably specific real life details.


  • Registered Users, Registered Users 2 Posts: 4,673 ✭✭✭mahamageehad


    It would be illegal to film people on their own private property to the best of my knowledge and it would be inadmissible in court.


  • Closed Accounts Posts: 6,296 ✭✭✭RandolphEsq


    Maybe in their front garden, but not in their back garden.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    If you intend adducing such evidence in court, come with a paint-scraper.

    It will be needed to scrape your remains off the back wall of the court when the judge has finished with you.


  • Registered Users, Registered Users 2 Posts: 6,127 ✭✭✭kirving


    You're allowed to photograph or film anyone once you're in a public place. I don't think it matters where the person is, as long as you can see them from the public place that you are in. Harrassment does come into play too though.

    Now whether that video is admissable in court is another story entirely. There are lits of procedures around retrieving CCTV evidence to ensure that it hasn't been tampered with.


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  • Registered Users, Registered Users 2 Posts: 11 Keane91


    There is a case, Atherton v DPP with similar facts to your question, this case involved a person who thought a neighbour was cutting his hedge so he installed a video camera, there was no breach of privacy in this case as the area's of the house caught by the video camera could be seen in the same way by any passer by on the road.


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