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Placing a police video camera on a telephone pole across from defendant's property invaded no privacy interest

By John Wesley Hall, Jr.

Placing a police video camera on a telephone pole across from defendant's property invaded no privacy interest because the police could have stood there and recorded the comings and goings, too. United States v. Aguilera, 2008 U.S. Dist. LEXIS 10103 (E.D. Wis. February 11, 2008): The police could have stood on the street outside defendant's house and observed the comings and goings from his driveway; substitution of a camera for in-person surveillance does not offend the Fourth Amendment; and the camera did not record activities within defendant's home or its curtilage obscured from public view. 3 See, e.g., United States v. Jackson, 213 F.3d 1269, 1281 (10th Cir.), vacated and remanded on other grounds, 531 U.S. 1033, 121 S. Ct. 621, 148 L...continue to full post

Full post as published by Fourth Amendment on February 14, 2008 (boomark / email).