D.Mass.: Pole camera law settled here, even if state court suggests it could differ somewhat

This court is bound by circuit authority from 2009 and 2022 en banc that pole camera surveillance is valid, even if this judge was sympathetic to the argument and the state court might rule differently. United States v. Crisostomo, 2025 U.S. Dist. LEXIS 107782 (D. Mass. June 6, 2025):

As the court noted at the hearing, the legality of the use of the pole camera was decided adversely to defendants’ position in this Circuit by United States v. Bucci, 582 F.3d 198 (1st Cir. 2009), the holding of which was recently reaffirmed in United States v. Moore-Bush, 36 F.4th 320 (1st Cir. 2022) (en banc). See also Moore-Bush, 36 F.4th at 321-322 (Barron, C.J., concurring) (observing that while he would likely decide the case differently if writing on a blank slate, he agreed with his colleagues that the law-of-the circuit doctrine bound the court to follow the Bucci precedent). While it is true that other courts, including the Massachusetts Supreme Judicial Court, have questioned Bucci on the issue, see Commonwealth v. Mora, 485 Mass. 369, 370-371 (2020) (noting that the targeted, long-term pole camera surveillance of the area surrounding a residence “has the capacity to invade the security of the home”), this court is bound (absent an intervening decision of the United States Supreme Court or an en banc Circuit decision to the contrary), to follow the law of this Circuit.”