Is It legal to have a surveillance camera pointing towards a neighbor’s back yard to catch them illegally shooting a gun?

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Is It legal to have a surveillance camera pointing towards a neighbor’s back yard to catch them illegally shooting a gun?

I recently turned in video proof to the DNR of our neighbor’s son shooting across our right-of-way and our property less than 500 feet from our house, which is illegal. They came out and fined him for this act. Now his mother is making us go to a peace bond hearing, saying that we are stalking and harassing her. This all started when my wife called the State Police on my neighbors for taking down her electric fence on our property next to the road that is between our neighbor’s property and our property. The State Police told us to put up no trespassing signs and cameras and also told the neighbor that we were going to do this.

Asked on August 12, 2019 under Criminal Law, West Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can have a video camera on your property aimed at anything that can be viewed from your line of site, the same as if you were just looking at it. From what you have described, you are breaking no law.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, it is legal. You can have a camera aimed at, viewing, or recording anything you can see with your naked eye from your property. Just as you could lawfully stand on your property and look at your neighbor's property, so, too, can you have a camera aimed at it.


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