Category Archives: Pole cameras

S.D.N.Y.: 21 month pole camera surveillance of def’s front door was reasonable

Pole camera surveillance of defendant’s house for 21 months didn’t violate Fourth Amendment. He had a subjective reasonable expectation privacy, but it’s not one that society is prepared to recognize as reasonable. The court traces Katz to Jardines, and concludes … Continue reading

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SD: Two months of pole camera surveillance without even RS violated a REP that society would recognize as reasonable; GFE applies, however

Defendant had a reasonable expectation of privacy that society is now prepared to recognize as reasonable from installation of a pole camera across the street from his house and monitoring it for two months based solely on a tip that … Continue reading

Posted in Good faith exception, Pole cameras, Reasonable expectation of privacy | Comments Off

OH3: Oral testimony for SW doesn’t have to be transcribed before SW served

Oral testimony in support of issuance of a search warrant did not have to be transcribed and made part of the record before the warrant was served. State v. Wilson, 2017-Ohio-5484, 2017 Ohio App. LEXIS 2544 (3d Dist. June 26, … Continue reading

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OH3: Several months of pole camera surveillance violated no REP

Pole camera surveillance for several months from a telephone pole across from defendant’s house violated no Fourth Amendment expectation of privacy. The view of his house was no different than could be seen by any passersby. State v. Thomas, 2017-Ohio-4356, … Continue reading

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OH3: Nine days of pole camera surveillance did not violate the 4A

Nine days of pole camera surveillance did not violate the Fourth Amendment. State v. Duvernay, 2017-Ohio-4219, 2017 Ohio App. LEXIS 2279 (3d Dist. June 12, 2017). The officer’s briefly talking to the defendant driver and his passenger did not unlawfully … Continue reading

Posted in Pole cameras, Reasonable suspicion | Comments Off

E.D.Mich.: Pole camera surveillance of curtilage and front of building for a year and 5 weeks wasn’t unreasonable

Defendant had a building that burned, and he moved out, conducting clean up and repairs. He was still considered by the FBI to be running drugs from there. The FBI installed a pole camera across the street that operated from … Continue reading

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CA6: CSLI by court order was valid; lengthy pole camera observation of publicly seen areas reasonable

Lengthy CSLI was obtained by a cell site simulator but with a court order. Pleading the pen register statute is no help to the defense because there is no exclusionary remedy. Pre-Jones GPS tracking was valid under Davis. Finally, lengthy … Continue reading

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N.D.Ind.: RS came from GPS, pole camera surveillance, CI’s observations, police surveillance

“The Court concludes that the task force’s investigation of Cupp led to reasonable articulable suspicion that he was dealing drugs from his residence and had also been stealing lawnmowers, ATV’s, and motorcycles. The informant’s observations, police surveillance, video of his … Continue reading

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EFF Urges Sixth Circuit to Revisit Case Finding No Warrant Needed for Ten Weeks of Covert 24/7 Video Surveillance

EFF Urges Sixth Circuit to Revisit Case Finding No Warrant Needed for Ten Weeks of Covert 24/7 Video Surveillance by Jennifer Lynch: EFF joined NYU Law School’s Brennan Center for Justice, ACLU, National Association of Criminal Defense Lawyers, the Libertarian … Continue reading

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CA6: Ten weeks of pole camera surveillance on rural property no Fourth Amendment violation

The Sixth Circuit distinguishes Anderson-Bagshaw and holds ten weeks of pole camera surveillance on rural property violated no reasonable expectation of privacy. “Rocky Houston appeals his conviction of being a felon in possession of a firearm in violation of 18 … Continue reading

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