{"id":2950,"date":"2009-07-29T06:51:30","date_gmt":"2009-02-18T08:38:10","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-02-18T08:38:10","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2950","title":{"rendered":"CA5: No REP of what one does in his own yard from surveillance with a 20x zoom camera"},"content":{"rendered":"<p>Plaintiff was an air base employee who resisted a job transfer by claiming a back injury that prevented him from driving 30 minutes to work.  A private investigator was hired to watch plaintiff, and they videotaped him outdoors riding a tractor and working in the yard. He had no reasonable expectation of privacy from what he did outdoors, even from a 20x zoom. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/08\/08-50670.0.wpd.pdf\">Ryan v. Kelmar &amp; Assocs.<\/a>, 2009 U.S. App. LEXIS 2821 (5th Cir. February 12, 2009) (unpublished).<\/p>\n<p>Blood sample already drawn by an authorized person could be seized by court order. <a href=\"http:\/\/www.nycourts.gov\/ctapps\/decisions\/2009\/feb09\/6opn09.pdf\">People v. Elysee<\/a>, 2009 NY Slip Op 1155, 2009 N.Y. LEXIS 15 (February 17, 2009).*<\/p>\n<p>Examining all the information in the affidavit for search warrant, there was a fair probability that the information sought would be found. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/12\/2009\/2009-ohio-675.pdf\">State v. Craft<\/a>, 2009 Ohio 675, 181 Ohio App. 3d 150, 908 N.E.2d 476 (12th Dist. 2009)*:<\/p>\n<blockquote><p>[*P14]  In examining the affidavit, as we did in Harry, we found that when we viewed all of the information together &#8212; which was gleaned from the informants and an anonymous complainant, as well as the corroborating information from the stakeout and other investigation conducted by the deputies &#8212; was &#8220;sufficient to show there was fair probability that marijuana would be found at 225 Cereal Avenue.&#8221; Id. at P21-22.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=2950\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2950","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2950","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2950"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2950\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2950"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2950"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2950"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}