Category Archives: Pole cameras

EFF: EFF, ACLU & CDT Argue Five Months of Warrantless Covert 24/7 Video Surveillance Violates 4A

EFF: EFF, ACLU & CDT Argue Five Months of Warrantless Covert 24/7 Video Surveillance Violates Fourth Amendment by Jennifer Lynch (“Should the fact that your neighbors can see the outside of your house mean the police can use a camera … Continue reading

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S.D.W.Va.: No REP in pole camera observations of who came and went from def’s front door

Pole camera observations from the street ended up in a wiretap application. Carpenter provides no relief. The only observations were the comings and goings from the house for which there was no reasonable expectation of privacy. “Because the Defendant has … Continue reading

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CA1: Franks offer of proof didn’t show materiality or undermine PC

Defendant’s appeal is based on his claim that the district court erred in not holding a Franks hearing. Defendant didn’t show enough in his allegations to show that the omissions were material to the showing of probable cause. United States … Continue reading

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CA8 has a pole camera case involving the front door but finds it harmless, if even a 4A violation

Defendant in a child pornography case had a pole camera set up across the street from his house to see who was going in. He challenges the surveillance, but the court finds, if error, it’s harmless on the record as … Continue reading

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CO holds four months of pole camera surveillance of def’s fenced-in backyard was unreasonable and violated 4A

Four months of warrantless and continuous pole camera surveillance of defendant’s fenced-in back yard was unreasonable and violated his reasonable expectation of privacy under the Fourth Amendment. People v. Tafoya, 2019 COA 176, 2019 Colo. App. LEXIS 1799 (Nov. 27, … Continue reading

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D.Ariz.: Def had no REP against use of a zooming pole camera across from the front of his house

The DEA set up a pole camera across the street from defendant’s house to watch the comings and goings expecting a car to go to New Mexico with drugs. There is no reasonable expectation of privacy in what the camera … Continue reading

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ND: Pole camera surveillance caught def frequenting a trailer park known for drug sales; he was stopped there with RS

Reasonable suspicion existed to detain defendant for coming into a trailer park known for its drug sales. Police had a pole camera set up recording comings and goings, and defendant had been there multiple times before. On the totality of … Continue reading

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HuffPo: Newark’s Surveillance System Puts Communities Of Color Under Constant Watch

HuffPo: Newark’s Surveillance System Puts Communities Of Color Under Constant Watch by Kiara Alfonseca: The Citizen Virtual Patrol, a 24/7 public surveillance system, lets anyone watch the city’s streets from anywhere at any time, through as many as 127 cameras.

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D.Mass.: Eight months of constant pole camera digital recording of all comings and goings from defendants’ house violated their reasonable expectation of privacy under Carpenter

The government intends to use at trial parts of eight months of constant pole camera digital recording of all comings and goings from defendants’ house. Such recording and preserving it violated their reasonable expectation of privacy under Carpenter and chilled … Continue reading

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N.D.Ga.: No REP in a pole camera’s view in a public place

There is no reasonable expectation of privacy as to a pole camera on business property in a public area. United States v. Gbenedio, 2019 U.S. Dist. LEXIS 83682 (N.D. Ga. Mar. 29, 2019). The alleged fact of a telephone call … Continue reading

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E.D.Wis.: Stationary video surveillance of a common area not subject to Carpenter

Stationary video surveillance outside an apartment building of common areas is not at all analogous to Carpenter. “The defendant urges the court to compare his facts to those in Whitaker. Dkt. No. 223 at 9. The defendant argues that a … Continue reading

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E.D.Wis.: Govt planting video camera in neighbor’s house aiming at def’s backyard didn’t violate 4A

Officers put a video camera in defendant’s back neighbor’s house to look at defendant’s back yard over the long term. This was similar to a pole camera, except that its view was the same as the back neighbor’s, and it … Continue reading

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