But He’s Right Though....

59 Dano

I just want to make friends!
I would think losing his job would have a huge impact if he did decide to sue.

Judge would say that he lost his job for acting the way he did and treating the freight the way he did. That it was captured via video and audio wouldn't matter. In fact, it would justify his termination.
 

Cactus

Just telling it like it is
Judge would say that he lost his job for acting the way he did and treating the freight the way he did. That it was captured via video and audio wouldn't matter. In fact, it would justify his termination.
Heh. Another legal “expert.”

Gimme a break.
 

zubenelgenubi

I'm a star
He has no case on any planet.

Dave is right - you're in public and shouting. Every other argument is ridiculous. The doorbell didn't capture anything that couldn't be observed by a human standing on the porch. The homeowner can turn it over to anyone she wants. The expectation of privacy legal concept is that a reasonable person would expect privacy in that situation.

I made that post after actually researching Wisconsin law on the matter. Recording a conversation without at least one party's consent, especially with the use of amplification in order to make the recording, is considered wiretapping/eavesdropping, which is punishable with a minimum fine of $10,000, and possible jail time. A judge may well find that there was no expectation of privacy, but I think the driver could make a case otherwise, especially with the method by which the recording was made. It's all good if you disagree.

And yes, he would have to have suffered damages to have grounds for the suit.
 

bacha29

Well-Known Member
I made that post after actually researching Wisconsin law on the matter. Recording a conversation without at least one party's consent, especially with the use of amplification in order to make the recording, is considered wiretapping/eavesdropping, which is punishable with a minimum fine of $10,000, and possible jail time. A judge may well find that there was no expectation of privacy, but I think the driver could make a case otherwise, especially with the method by which the recording was made. It's all good if you disagree.

And yes, he would have to have suffered damages to have grounds for the suit.
Good point and weren't the remarks coming from a phone conversation the guy was having with another person? And perhaps the loud talk was due to a poor phone connection? And so what if he wasn't using the king's English? That's just the way he talks and if the person he was talking to had no objection then what right does that woman have to call in a bitch?
 

newgirl

Well-Known Member
He was on the
No.







wire·tap·ping
/ˈwī(ə)rˌtapiNG/
Learn to pronounce
noun
  1. the practice of connecting a listening device to a telephone line to secretly monitor a conversation.
He was on the phone. She secretly recorded his conversation. I didn't think Ring could hear that far, I bet he didn't either. Now millions of people have seen his meltdown. All of the websites that have reposted this should be in trouble, too. The newstation should have told her thanks but no thanks.

And Justin now knows he hates his guts
 

Fred's Myth

Nonhyphenated American
He was on the

He was on the phone. She secretly recorded his conversation. I didn't think Ring could hear that far, I bet he didn't either. Now millions of people have seen his meltdown. All of the websites that have reposted this should be in trouble, too. The newstation should have told her thanks but no thanks.

And Justin now knows he hates his guts
Recording someone who is on you property isn't wiretapping, even if they happen to be on the phone. You've stretched that definition so far that you are in physical danger of injury when it snaps back.

Schiff would be proud.
 

59 Dano

I just want to make friends!
I made that post after actually researching Wisconsin law on the matter. Recording a conversation without at least one party's consent, especially with the use of amplification in order to make the recording, is considered wiretapping/eavesdropping, which is punishable with a minimum fine of $10,000, and possible jail time. A judge may well find that there was no expectation of privacy, but I think the driver could make a case otherwise, especially with the method by which the recording was made. It's all good if you disagree.

Kind of hard to argue that you had your privacy violated in someone's driveway by their security camera.
 

59 Dano

I just want to make friends!
Good point and weren't the remarks coming from a phone conversation the guy was having with another person? And perhaps the loud talk was due to a poor phone connection? And so what if he wasn't using the king's English? That's just the way he talks and if the person he was talking to had no objection then what right does that woman have to call in a bitch?

LOL, bacha gonna bacha!
 

Bingo

Well-Known Member
Judge would say that he lost his job for acting the way he did and treating the freight the way he did. That it was captured via video and audio wouldn't matter. In fact, it would justify his termination.
Actually I believe he may have a case just like the video of the courier who tossed a tv over a fence should have sued the home owner and all The networks that replayed it. There was no reason for the homeowner to release these videos to the public unless one has a goal to embarrass or shame these couriers. I believe we will see many lawsuits in the future regarding social media post with the sole purpose to ridicule a individual. One can definitely sue for intentional infliction of emotional distress
 
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UpstateNYUPSer(Ret)

Well-Known Member
Actually I believe he may have a case just like the video of the courier who tossed a tv over a fence should have sued the home owner and all The networks that replayed it. There was no reason for the homeowner to release these videos to the public unless one has a goal to embarrass or shame these couriers. I believe we will see many lawsuits in the future regarding social media post with the sole purpose to ridicule a individual. One can definitely sue for intentional infliction of emotional distress

Let me get this straight-----the guy has a meltdown that just happens to be caught by a Ring doorbell camera and he is the victim??
 

bacha29

Well-Known Member
Actually I believe he may have a case just like the video of the courier who tossed a tv over a fence should have sued the home owner and all The networks that replayed it. There was no reason for the homeowner to release these videos to the public unless one has a goal to embarrass or shame these couriers. I believe we will see many lawsuits in the future regarding social media post with the sole purpose to ridicule a individual. One can definitely sue for intentional infliction of emotional distress
I agree. However loud,boisterous and profane the conversation was it's still a PRIVATE conversation. Therefore it what manner was the public interest threatened, compromised or ill served? More importantly what cannot be ignored is that the materials, vehicles and manpower needed to properly and safely load and transport that product which was in no way shape or form a "small package" was not provided by the contractor. So get off the guy's back!
 

Route 66

Slapped Upside-da-Head Member
I think that dude who tossed the TV over the fence wrote his own ticket to be embarrassed, shamed and ridiculed though.
 

59 Dano

I just want to make friends!
I agree. However loud,boisterous and profane the conversation was it's still a PRIVATE conversation.

As I was saying, the legal concept of an expectation of privacy centers around what a reasonable person would expect. You are not a reasonable person.

If I can stand on my front porch and see it or hear it without any assistance, you have no reasonable expectation of privacy no matter how many day one jing weeds you invoke.
 

Star B

White Lightening
okay.... wisconsin is a one party state.

guess which party consented to the recording (homeowner)... case shut.
 

bacha29

Well-Known Member
As I was saying, the legal concept of an expectation of privacy centers around what a reasonable person would expect. You are not a reasonable person.

If I can stand on my front porch and see it or hear it without any assistance, you have no reasonable expectation of privacy no matter how many day one jing weeds you invoke.
Simply because you overheard one half of a private conversation what right do you have to record that conversation then take it to the news media for rebroadcast over public airwaves? Let's hear you answer that one Judge Judy.
 

59 Dano

I just want to make friends!
Simply because you overheard one half of a private conversation what right do you have to record that conversation then take it to the news media for rebroadcast over public airwaves? Let's hear you answer that one Judge Judy.

I have every right to put an audio/video recorder on my front porch to record anything that can be heard/seen from my front porch, especially if any of it happens on my property or on a public road, or any other place where there is no reasonable expectation of privacy. I can give it to whoever the hell I want.

I eagerly await your ridiculous legal reasoning, based on LSD, that says otherwise.
 

59 Dano

I just want to make friends!
The person recording was not party to the conversation. $10,000 fine and jail time, case closed.

Since you're presenting ridiculous legal arguments that no one else takes seriously...

A person could walk up and down the street, talking loudly on his phone, and trigger each home's Ring/Arlo/whatever and then demand that the homeowners be prosecuted for illegally recording the phone call.

That's what you're proposing.

In reality, it looks like:

 
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