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 saw from across the street of the front of the house. United States v. Cruz, 2019 U.S. Dist. LEXIS 179666 (D. Ariz. Oct. 17, 2019).
The police were getting an arrest and search warrant for defendant when he was arrested. A protective sweep was performed, and nothing derived from that was added to the affidavit for the search warrant. The full search didn’t occur until the warrant issued. Suppression unwarranted. United States v. Kinney, 2019 U.S. Dist. LEXIS 179993 (D. N.M. Oct. 17, 2019).*