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CA5: No REP of what one does in his own yard from surveillance with a 20x zoom camera

By John Wesley Hall, Jr.

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. Ryan v. Kelmar & Assocs., 2009 U.S. App. LEXIS 2821 (5th Cir. February 12, 2009) (unpublished). Blood sample already drawn by an authorized person could be seized by court order. People v. Elysee, 2009 NY Slip Op 1155, 2009 N.Y. LEXIS 15 (February 17, 2009).* Examining all the information in the affidavit for search warrant, there was a fair probability that the information sought would be found...continue to full post

Full post as published by Fourth Amendment on February 18, 2009 (boomark / email).