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 did not violate the Fourth Amendment. United States v. Kubasiak, Oct 05, 2018 2018 U.S. Dist. LEXIS 172514 (E.D. Wis. Oct. 4, 2018), R&R 2018 U.S. Dist. LEXIS 172972 (E.D. Wis. Aug. 23, 2018).

The government obtained two orders for CSLI: The first by an order under the SCA. After Carpenter, without referring to the prior result, the government got a search warrant for the CSLI. Based on that representation, defendant withdrew his motion to suppress. United States v. Reizin, 2018 U.S. Dist. LEXIS 172909 (E.D. N.Y. Oct. 3, 2018).

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