Category Archives: Pole cameras

RI: REP in a police interrogation room when he was led to believe conversation with mother was private

Defendant had a reasonable expectation of privacy in a police interrogation room while he was talking to his mother under both the Fourth Amendment and the state constitution when he was led to believe it was private. “Finally, the state … Continue reading

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CA8: Police placed a hidden camera across from def’s apt door and used information from it in showing PC for SW; there was PC without it

“Darron Mayo appeals the denial of his motion to suppress evidence obtained from a hidden camera police officers placed across from his apartment door. Officers used some of the evidence obtained from the camera in a probable cause affidavit supporting … Continue reading

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CA10: 68 days of pole camera surveillance in disability fraud case was reasonable

Suspecting VA benefits fraud, the VA OIG surveilled defendant for months and then installed a remote controlled and motion activated pole camera on top of a school across the street. They had 15 hours of video for 68 days, and … Continue reading

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Cal.4: No REP from images caught by streetlight camera

Defendant had no reasonable expectation of privacy from images taken on a street light camera where he parked his vehicle. Carpenter just doesn’t apply. Moreover, a store surveillance camera had him there, too. People v. Cartwright, 2024 Cal. App. LEXIS … Continue reading

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SDT-U: Could San Diego Police Department’s smart streetlights program infringe upon privacy rights? [as in 500 pole cameras]

The San Diego Times-Union: Could San Diego Police Department’s smart streetlights program infringe upon privacy rights? By Lyndsay Winkley (“Experts say it’s hard to identify when surveillance technology encroaches on a person’s Fourth Amendment rights, but pervasiveness definitely plays a … Continue reading

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M.D.Pa.: Once police executing a warrant on a home discover it’s multi-family, the search must end and a new SW be obtained

After the police entered the building and conducted a security sweep, they discovered only then it was actually a multi-occupant dwelling. There was no outward appearance there were multiple non-family occupants. The first entry finding a gun was valid. The … Continue reading

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E.D.N.Y.: Def prevails on a Franks challenge on what he was carrying into his house seen on pole camera

Working from a hearing with a screen shot of a pole camera video, the court concludes that the officer stating defendant was holding a rifle was ultimately with reckless disregard of the truth. Defendant argued he was holding a bouquet … Continue reading

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VA: No exigency on police arrival at a “disorderly” call; entry unreasonable

“When the police arrived in response to the ‘disorderly’ call, there was no ongoing disorderly conduct or any indication of any other ongoing crime. Dickens appeared unharmed when she first opened the door to Officer Thornton’s knock, and she said … Continue reading

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USA Today: A camera mounted on a light pole took video of police beating Tyre Nichols. What to know about ‘SkyCop.’

USA Today: A camera mounted on a light pole took video of police beating Tyre Nichols. What to know about ‘SkyCop.’ by Claire Thornton:

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WaPo: Lawsuit alleges D.C. Housing’s cameras could ‘capture intimate details’

[I don’t normally bother to mention lawsuits until resolved, but SCOTUS is considering a pole camera case for conference in the next month or so.] WaPo: Lawsuit alleges D.C. Housing’s cameras could ‘capture intimate details’ by Justin Wm. Moyer:

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SCOTUS orders SG response to pole camera cert. petition

Moore v. United States, 22-481 from SCOTUSBlog.Issue: Whether long-term police use of a surveillance camera targeted at a person’s home and curtilage is a Fourth Amendment search. The Solicitor General waived response Dec. 9. On Dec. 15, the government was … Continue reading

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D.Kan.: 10 weeks of pole camera surveillance in disability fraud investigation was reasonable

Defendant was on disability. The government placed a pole camera across the street from his house to see whether he was able or not, and he was indicted for theft of public funds. Ten weeks of pole camera surveillance was … Continue reading

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SCOTUS denies cert in pole camera case

Bloomberg Law: Justices Decline to Hear Home Surveillance Privacy Case (Feb. 22, 2022), referring to United States v. Tuggle, 4 F.4th 505 (7th Cir. 2021)

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N.D.Ill.: A “network of pole cameras” doesn’t violate 4A

Five pole cameras were trained on defendant’s house. A “network of pole cameras” isn’t a Fourth Amendment violation. See United States v. Tuggle, 4 F.4th 505 (7th Cir. 2021). Moreover, he does not rebut the presumption of good faith with … Continue reading

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MA: State law requires PC for pole camera surveillance, and officers had it

Pole camera surveillance in Massachusetts requires probable cause to set it up. Officers had it in defendant’s case, and his front door and left side of his house were watched for 15 days. Commonwealth v. Comenzo, 2022 Mass. LEXIS 54 … Continue reading

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D.Conn.: No REP in pole camera surveillance of def’s business’s front door

Defendant had no reasonable expectation of privacy in two months of pole camera surveillance of his business front door. Society would not recognize a reasonable expectation of privacy of what’s visible from the public street. United States v. Harry, 2022 … Continue reading

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CA9: No standing in pole camera surveillance of house of another

Defendant doesn’t have standing to challenge prolonged pole camera surveillance of the property of another. Also, there was reasonable suspicion on the totality including collective knowledge to extend defendant’s stop for a drug dog. United States v. Cruz, 2021 U.S. … Continue reading

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Bloomberg Law: Police Turn on Hidden Cameras, Turn Off Fourth Amendment

Bloomberg Law: Police Turn on Hidden Cameras, Turn Off Fourth Amendment by Joshua Windham and Daryl James, Institute for Justice:

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CO: Warrantless three month pole camera surveillance violated 4A

Warrantless three month pole camera surveillance violated the Fourth Amendment. People v. Tafoya, 2021 CO 62, 2021 Colo. LEXIS 882 (Sept. 13, 2021):

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CA7: Extended pole camera surveillance not 4A violation

Extended pole camera surveillance not a Fourth Amendment violation. United States v. Tuggle, 2021 U.S. App. LEXIS 20841 (7th Cir. July 14, 2021). If you have a pole camera case, you need to read this. What follows is part of … Continue reading

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