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No Fourth Amendment Protection from Video Surveillance in Open Fields

By Jonathan Byrne

US v. Vankesteren: Fourth Amendment cases come with the oddest sets of facts. Vankesteren was charged and convicted of taking or possessing a migratory bird without a permit. Part of the evidence against him came from surveillance cameras set up to record action on Vankesteren's land where a trap was set. Vankesteren sought to have that evidence suppressed, arguing that it violated his expectation of privacy in his property. The district court disagreed and Vankesteren was sentenced to a fine of $500.On appeal, the Fourth Circuit affirmed the conviction and the district court's decision not to suppress the video evidence. The court concluded that the trap at issue was located in an "open field," as it was outside the curtilage of Vankesteren's home, although it was on Vankesteren's property...continue to full post

Full post as published by Fourth Circuit Blog on January 12, 2009 (boomark / email).