The neighbor that lives right behind me has put up a video surveillance system. One of the cameras points right into my backyard and the Sheriff has been out here 3 times at his invitation as we had words about the camera.

They told me if I had kids they would cite him for voyeurism in a heart beat. As we are 59-60 I guess we have no rights.

I have been to the prosecutor but since he claims there is no precedent he wants me to file a civil suit so that there would be precedent! HUH ???? He also said I can sue to recover attorney fee's... I don't want to "go there" and I find this ridiculous. In other words, he wants me to do his job and pay for it!

The camera in question doesn't even point on his property, right on to my deck. I need some ammo to make the prosecutor get of his duff... every Sheriff that has been here says it's not right but they can't do anything about it. I think this is "hogwash".. there must be some violation taking place here.

He does this just to harass me, there is no one that likes this guy in the neighborhood, his place looks like Fort Apache with a 10foot stockade fence (6'in back) all around it. That camera couldn't see anything on his property if it tried! I think he mounted it in the wrong place now he just uses it to harass. This is very frustrating.... HELP !!!!!!

You can't make the prosecutor do anything. They have ultimate discretion as to what cases to pursue, and which not to pursue.

The prosecutor's job is to prosecute CRIMES...that means cases that either (a) constitute a crime as defined within state statutes or (b) cases that have support of precident that indicates such a prosecution would be successful. They've already indicated that there's no predicent, so that leaves you with finding a SPECIFIC Ohio criminal statute that you believe is being violated. Even prosecutors don't know every single law on the books, and if you can point out a particular statute, it may help. I've browed through them, and don't see ANY listed criminal offenses that fit the nature of the situation you describe (because it's likely a TORT, not a CRIME). You can find the Ohio criminal statutes and read them for yourself at:

http://codes.ohio.gov/orc/29

Be aware however, that even IF you find one, you still cannot FORCE a criminal case to be brought.

Do some research on the internet to learn the difference between a TORT and a CRIME. This will help you to understand the nature of the case.

Invasion of privacy cases are typically CIVIL torts, not CRIMINAL offenses (unless as noted there were elements like voyerism of children involved). That's why your course of action, if you want to pursue it, is to do exactly what the prosecution indicated: sue the guy in civil court for the TORT (not crime) you claim he's committing. You absolutely DO have rights, including the right to sue - but you have to AVAIL yourself of that right.

If you choose to sue (which is really your only option short of finding something obscure in Ohio statutes that makes his actions criminal), you need to know that civil suits focus on damages. Your best case outcome from a civil suit is that the court order the neighbor to move, remove, or alter the camera, and, if you've requested it, to pay for any attorney fees you incur to bring the case. If the neighbor's conduct is found to be outrageous, and not just simply annoying or unsettling, there is the potential for punative damages (money the court orders the defendent to pay as a punishment). These are the things you need to discuss with a local civil attorney.

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While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org

I have done a lot of research on the subject and I do know the difference between a crime and a tort.

There are several areas in the "Nuisance & Harassment" laws which I feel more than have addressed this.

Since we live in a township (also read into that very low crime) and they seem to love to regulate everything I also started looking at their book of ordinances... well... seems they have rules about them.

I would like to note that if the camera was looking at his property and a little of mine fell in to it's view, I would have no problem with it. What he is doing is aiming it to be a voyeur, that camera does not capture a square inch of his property.

If we lived near "downtown" I would find the camera a blessing... a deterrent...

Thanks for the link though..

Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.