Category Archives: Pole cameras

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

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 … Continue reading

Posted in Cell site location information, Pole cameras | Comments Off on E.D.Wis.: Govt planting video camera in neighbor’s house aiming at def’s backyard didn’t violate 4A

C.D.Ill.: 18 month pole camera surveillance of def’s house didn’t violate REP

18 month pole camera surveillance of defendant’s house didn’t violate his reasonable expectation of privacy. United States v. Tuggle, 2018 U.S. Dist. LEXIS 127333 (C.D. Ill. July 31, 2018):

Posted in Pole cameras, Reasonable expectation of privacy | Comments Off on C.D.Ill.: 18 month pole camera surveillance of def’s house didn’t violate REP

D.S.D.: Pole camera surveillance was troubling, but for def being on supervised release with a reduced REP

Pole camera surveillance of defendant may have been intrusive, and the court is sensitive to the ability of a pole camera to invade on privacy, but this case turns on defendant being on supervised release with a lower expectation of … Continue reading

Posted in Pole cameras, Probation / Parole search, Reasonable suspicion | Comments Off on D.S.D.: Pole camera surveillance was troubling, but for def being on supervised release with a reduced REP

D.Ariz.: Long-term pole camera surveillance over the fence surrounding defendant’s junkyard violated his REP

Long-term pole camera surveillance over the fence surrounding defendant’s junkyard violated his reasonable expectation of privacy where the average person couldn’t see over the fence merely walking by. The court differentiates the flyover cases because long-term video surveillance is unusual … Continue reading

Posted in Pole cameras, Reasonable expectation of privacy | Comments Off on D.Ariz.: Long-term pole camera surveillance over the fence surrounding defendant’s junkyard violated his REP

NYTimes: In Newark, Police Cameras, and the Internet, Watch You

NYTimes: In Newark, Police Cameras, and the Internet, Watch You by By Rick Rojas: Surveillance cameras monitored by the police have become a ubiquitous presence in many cities. In Newark, anyone with internet access is allowed to watch. And a … Continue reading

Posted in Pole cameras | Comments Off on NYTimes: In Newark, Police Cameras, and the Internet, Watch You

NYTimes: Can 30,000 Cameras Help Solve Chicago’s Crime Problem?

NYTimes: Can 30,000 Cameras Help Solve Chicago’s Crime Problem? By Timothy Williams Armed with advanced gadgets and mapping, officers can get to crime scenes “in time to see the guy still shooting.” But what does it mean for residents’ privacy? … Continue reading

Posted in Pole cameras, Reasonable expectation of privacy | Comments Off on NYTimes: Can 30,000 Cameras Help Solve Chicago’s Crime Problem?

S.D.N.Y.: 21 month pole camera surveillance of def’s front door was reasonable

Pole camera surveillance of defendant’s house for 21 months didn’t violate Fourth Amendment. He had a subjective reasonable expectation privacy, but it’s not one that society is prepared to recognize as reasonable. The court traces Katz to Jardines, and concludes … Continue reading

Posted in Pole cameras, Reasonable expectation of privacy, Trespass | Comments Off on S.D.N.Y.: 21 month pole camera surveillance of def’s front door was reasonable

SD: Two months of pole camera surveillance without even RS violated a REP that society would recognize as reasonable; GFE applies, however

Defendant had a reasonable expectation of privacy that society is now prepared to recognize as reasonable from installation of a pole camera across the street from his house and monitoring it for two months based solely on a tip that … Continue reading

Posted in Good faith exception, Pole cameras, Reasonable expectation of privacy | Comments Off on SD: Two months of pole camera surveillance without even RS violated a REP that society would recognize as reasonable; GFE applies, however

OH3: Oral testimony for SW doesn’t have to be transcribed before SW served

Oral testimony in support of issuance of a search warrant did not have to be transcribed and made part of the record before the warrant was served. State v. Wilson, 2017-Ohio-5484, 2017 Ohio App. LEXIS 2544 (3d Dist. June 26, … Continue reading

Posted in Pole cameras, Warrant requirement | Comments Off on OH3: Oral testimony for SW doesn’t have to be transcribed before SW served

OH3: Several months of pole camera surveillance violated no REP

Pole camera surveillance for several months from a telephone pole across from defendant’s house violated no Fourth Amendment expectation of privacy. The view of his house was no different than could be seen by any passersby. State v. Thomas, 2017-Ohio-4356, … Continue reading

Posted in Pole cameras, Probable cause | Comments Off on OH3: Several months of pole camera surveillance violated no REP

OH3: Nine days of pole camera surveillance did not violate the 4A

Nine days of pole camera surveillance did not violate the Fourth Amendment. State v. Duvernay, 2017-Ohio-4219, 2017 Ohio App. LEXIS 2279 (3d Dist. June 12, 2017). The officer’s briefly talking to the defendant driver and his passenger did not unlawfully … Continue reading

Posted in Pole cameras, Reasonable suspicion | Comments Off on OH3: Nine days of pole camera surveillance did not violate the 4A

E.D.Mich.: Pole camera surveillance of curtilage and front of building for a year and 5 weeks wasn’t unreasonable

Defendant had a building that burned, and he moved out, conducting clean up and repairs. He was still considered by the FBI to be running drugs from there. The FBI installed a pole camera across the street that operated from … Continue reading

Posted in Pole cameras, Reasonable expectation of privacy | Comments Off on E.D.Mich.: Pole camera surveillance of curtilage and front of building for a year and 5 weeks wasn’t unreasonable

CA6: CSLI by court order was valid; lengthy pole camera observation of publicly seen areas reasonable

Lengthy CSLI was obtained by a cell site simulator but with a court order. Pleading the pen register statute is no help to the defense because there is no exclusionary remedy. Pre-Jones GPS tracking was valid under Davis. Finally, lengthy … Continue reading

Posted in Cell site location information, Pole cameras | Comments Off on CA6: CSLI by court order was valid; lengthy pole camera observation of publicly seen areas reasonable

N.D.Ind.: RS came from GPS, pole camera surveillance, CI’s observations, police surveillance

“The Court concludes that the task force’s investigation of Cupp led to reasonable articulable suspicion that he was dealing drugs from his residence and had also been stealing lawnmowers, ATV’s, and motorcycles. The informant’s observations, police surveillance, video of his … Continue reading

Posted in GPS / Tracking Data, Pole cameras | Comments Off on N.D.Ind.: RS came from GPS, pole camera surveillance, CI’s observations, police surveillance

EFF Urges Sixth Circuit to Revisit Case Finding No Warrant Needed for Ten Weeks of Covert 24/7 Video Surveillance

EFF Urges Sixth Circuit to Revisit Case Finding No Warrant Needed for Ten Weeks of Covert 24/7 Video Surveillance by Jennifer Lynch: EFF joined NYU Law School’s Brennan Center for Justice, ACLU, National Association of Criminal Defense Lawyers, the Libertarian … Continue reading

Posted in Pole cameras | Comments Off on EFF Urges Sixth Circuit to Revisit Case Finding No Warrant Needed for Ten Weeks of Covert 24/7 Video Surveillance

CA6: Ten weeks of pole camera surveillance on rural property no Fourth Amendment violation

The Sixth Circuit distinguishes Anderson-Bagshaw and holds ten weeks of pole camera surveillance on rural property violated no reasonable expectation of privacy. “Rocky Houston appeals his conviction of being a felon in possession of a firearm in violation of 18 … Continue reading

Posted in Pole cameras, Reasonable expectation of privacy | Comments Off on CA6: Ten weeks of pole camera surveillance on rural property no Fourth Amendment violation

E.D.Mich.: IAC claim over search denied for lack of factual proffer

2255 petitioner’s IAC claim denied for generality and no factual basis: “Here, the petitioner has failed to develop any factual basis or legal argument on the performance element, beyond the naked assertion that his attorneys did not advance any arguments … Continue reading

Posted in Ineffective assistance, Pole cameras | Comments Off on E.D.Mich.: IAC claim over search denied for lack of factual proffer