Category Archives: Pole cameras

Massachusetts holds long term pole camera surveillance of one’s home can violate REP and state constitution

Long term surveillance of defendant’s homes with pole cameras wasn’t a Fourth Amendment violation but it could violate the Massachusetts Constitution. Two defendants show a reasonable expectation of privacy under a “mosaic theory” which has been recognized in Massachusetts. Remanded … Continue reading

Posted in Pole cameras, State constitution | Comments Off on Massachusetts holds long term pole camera surveillance of one’s home can violate REP and state constitution

Colorado grants review of pole camera surveillance

“Petition for Writ of Certiorari GRANTED. EN BANC. [¶] Whether the court of appeals erred in concluding that video surveillance through a camera mounted to a utility pole constituted a warrantless search in violation of the Fourth Amendment.” People v. … Continue reading

Posted in Informant hearsay, Pole cameras | Comments Off on Colorado grants review of pole camera surveillance

CA6: Camera in fake smoke detector outside def’s door in apt building hallway violated no REP

Defendant had no reasonable expectation of privacy in images captured by a camera warrantlessly placed in a fake smoke detector on the ceiling of his apartment building hallway right outside his door. United States v. Trice, 2020 U.S. App. LEXIS … Continue reading

Posted in Curtilage, Pole cameras, Reasonable expectation of privacy | Comments Off on CA6: Camera in fake smoke detector outside def’s door in apt building hallway violated no REP

M.D.Fla.: Seven weeks of pole camera surveillance of front of house was reasonable

A pole camera observing the front of defendant’s house for seven weeks was reasonable. United States v. Bronner, 2020 U.S. Dist. LEXIS 113076 (M.D. Fla. May 18, 2020):

Posted in Pole cameras | Comments Off on M.D.Fla.: Seven weeks of pole camera surveillance of front of house was reasonable

E.D.Mich.: Innocent explanations for pole camera evidence to get SW didn’t make a Franks challenge because there still was PC

Defendant’s innocent explanations for what pole camera videos showed that were not in the affidavit for search warrant do not amount to a Franks challenge. There still was probable cause. United States v. Joye, 2020 U.S. Dist. LEXIS 66463 (E.D. … Continue reading

Posted in Arrest or entry on arrest, Franks doctrine, Pole cameras, Reasonable suspicion | Comments Off on E.D.Mich.: Innocent explanations for pole camera evidence to get SW didn’t make a Franks challenge because there still was PC

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

Posted in Pole cameras, Surveillance technology | Comments Off on EFF: EFF, ACLU & CDT Argue Five Months of Warrantless Covert 24/7 Video Surveillance Violates 4A

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

Posted in Burden of proof, Pole cameras | Comments Off on S.D.W.Va.: No REP in pole camera observations of who came and went from def’s front door

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

Posted in Franks doctrine, Pole cameras | Comments Off on CA1: Franks offer of proof didn’t show materiality or undermine PC

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

Posted in Pole cameras, Standing | Comments Off on CA8 has a pole camera case involving the front door but finds it harmless, if even a 4A violation

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

Posted in Pole cameras | Comments Off on CO holds four months of pole camera surveillance of def’s fenced-in backyard was unreasonable and violated 4A

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

Posted in Inevitable discovery, Pole cameras, Reasonable expectation of privacy | Comments Off on D.Ariz.: Def had no REP against use of a zooming pole camera across from the front of his house

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

Posted in Pole cameras, Prison and jail searches, Reasonable suspicion | Comments Off on ND: Pole camera surveillance caught def frequenting a trailer park known for drug sales; he was stopped there with RS

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.

Posted in Pole cameras, Surveillance technology | Comments Off on HuffPo: Newark’s Surveillance System Puts Communities Of Color Under Constant Watch

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

Posted in Pole cameras, Reasonable expectation of privacy | Comments Off on 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

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

Posted in Pole cameras, Probable cause, Reasonable expectation of privacy | Comments Off on N.D.Ga.: No REP in a pole camera’s view in a public place

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

Posted in Pole cameras, Standing | Comments Off on E.D.Wis.: Stationary video surveillance of a common area not subject to Carpenter