Barisone Trial This Month

He did?

In your barn, aka your private business, without your knowledge? :scream:

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Really? Because LK says she was never asked to leave.

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Yes. The judge made it clear at the first hearing they were tenants. And yes, cameras can be set up within the tenantā€™s areas and in what is considered common areas.

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They canā€™t put cameras on a home they donā€™t own.

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I guess the legality of where she could have cameras is answered by the only cameras she admitted to in the civil suit. I imagine her civil attorneys wouldnā€™t allow her to admit to the ones that were illegal, even though the claims of what has been recorded stretch the believability of the admission and there are off the record claims of additional cameras. Also, once the residents started living in the barn, I would think that would change the level of expected privacy.

ETA: Take it for what itā€™s worthā€¦a quick google search about recording roommates says their house is not generally considered ā€œpublicā€ and you probably need to notify them in writing they are being recorded to make it legalā€¦.

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Letā€™s assume that they were ruled tenants. I believe the hearing you are referring to was the initial bond hearing, that was not a specifically a hearing about whether they were, in fact de-facto tenants, so I would not jump immediately to ā€œthey were ruled tenantsā€.

No one is arguing that they canā€™t set up cameras in their own areas. Itā€™s not so clear whether they can set up cameras in common areas of the residence if the common area also represents part of another tenantā€™s ā€œprivateā€ area, regardless of a door or not, that would be a more difficult legal question. Like if there is a camera at the bottom of the stairs to private quarters, and there is not a door going into the rest of the property, but it is been treated as someone elseā€™s private quarters, you canā€™t just point the camera directly into their space.

The above description is very general, not meant to be an accurate description of the house at HHF - as I have never been to the farm in any way, shape, or form.

What has not been substantially addressed legally is whether the barn would fall under the eavesdropping statutes. The barn could be argued as not a ā€œpublic common areaā€. Itā€™s not a hallway of an apartment building, itā€™s not a public street, itā€™s not a public park. Businesses establish their right to video customers by posting a notice on their door about video surveillance. In NJ, eavesdropping falls under the single party consent, so in an area with a reasonable expectation of privacy, a conversation cannot be recorded without at least one participant of the conversation knowing it is being recorded.

Iā€™m going to be very interested to see if the prosecution attempts/succeeds in getting any recordings/videos admitted as evidence, assuming they want to get them admitted.

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Invasion of Privacy

New Jersey also recognizes the tort of invasion of privacy. While a violation of the wiretapping law may result in criminal consequences, including fines and jail time, the commission of a tort is considered a civil wrong in which money damages may be awarded to the victim. When a person in New Jersey invades another residentā€™s privacy for a harmful purpose, the person making the recording can be held liable for damages that result, including the loss of privacy, mental anguish or special damages.

There are a variety of ways that a person can be found to violate the privacy of another according to New Jersey case law. Intrusion occurs when a person invades the home of another person, illegally searches the home, eavesdrops or otherwise meddles into the residentā€™s personal activities. Placing someone in a false light occurs when a person misrepresents anotherā€™s character in a way that would be viewed as offensive by a reasonable person. Public disclosure of private facts occurs when someone makes private information about someone public without that personā€™s consent. Appropriation occurs when someone uses anotherā€™s name or appearance, often for economic gain and without that personā€™s consent.

https://www.hg.org/legal-articles/is-it-illegal-to-record-others-in-new-jersey-29721

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Oh.

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Legally they are recognized as tenants as they lived there over 30 days.

That being said you still canā€™t camera up someoneā€™s house. In their area yes. On the house and barn, no I believe.

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Hmmm

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Iā€™ve made a significant investment. If theyā€™re being cared for and I just have beef with someone, I am going to move them someplace with comparable care and standards, not just whoever on my fb page has a field available if the situation is uncomfortable but tenable. I donā€™t feel bad about that. Maybe she would have liked all 4 to go to the same place. Maybe she needed to arrange for feed/bedding/packing of all personal equipment.

Just because people on fb offer help doesnā€™t mean Iā€™d entrust my horses to them. I have a lot of horse friends on fb, that doesnā€™t mean Iā€™d put my horse in their care. I imagine it wasnā€™t an easy decision to make arrangements for and Iā€™m just saying I donā€™t find it as some sort of evidentiary fact that ā€œshe canā€™t have been that afraid or she would have packed up and moved out.ā€ Around here, finding 4 open stalls, even at 4 separate facilities, would be nearly impossible. Everything has a waiting list of several months or more.

Plus I hate that kind of victim blaming. It makes other women feel better that theyā€™re smarter and more aware when theyā€™re probably not. Just easier to sit on the high horse and say what you would do, I guess.

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Sure they can, if theyā€™re tenants.

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I look at it like a package situation. Itā€™s all the events wrapped up together. Not just one thing.

In a regular disgruntled barn situation sure you can proceed calmly and cautiously. But according to LKs social media posts she thought her life was on danger. There was substantial back and forth and those barn situations were weaponized.

Of course posters vary as to whom weaponized what.

I believe the nuances of this case and the extreme behavior rendered this a must vacate situation. And thatā€™s even before any injury occurred and I know thatā€™s what Iā€™m looking at.

Iā€™ve vacated barns quickly for far far less.

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Sorry. I disagree. When we and the other boarders moved thier horses out they went to available safe barns. Not Grand Prix. But safe. And then they moved on from there. Once they had time to reach out to trainers. And it didnā€™t take long for them to move onto top trainers in the area. And in Wellington.

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No they cannot. Most of these cameras require electric so you are actually believing you can convince me that without permission, and not in the tenants room a tenant can rip into your drywall or house exterior to hardwire a camera?

Plus if it was so okay, then why were the cameras installed secretly?

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I donā€™t remember any claim that the cameras at the house were not in plain sight.

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Btw we were all women. As was the trainer. Editing because soloudinhere was not tagged. Sorry.

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Iā€™m not at all surprised you claim no recall.

Again, you cannot modify a domicile you do not own.

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News from the courtroomā€¦I heard they have chosen 50 jurors to move on to the next phase of questioning. Moving right along!

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Dang! Trying one more time. I have answered this twice but didnā€™t register on soloudinheare [edit]

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