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E.D. Wis.: Video surveillance of house from across street was not unconstitutional

By John Wesley Hall, Jr.

Video surveillance of defendant's premises from a telephone pole across the street did not implicate any Fourth Amendment interest. United States v. Urbina, 2007 U.S. Dist. LEXIS 96345 (E.D. Wis. November 6, 2007). Noting that this was an issue of first impression in the Seventh Cictuit, after surveying numerous cases, the court finds no Fourth Amendment interest involved here. There are many legitimate reasons for this court and the general public to be concerned about indiscriminate law enforcement video surveillance, particularly if it is aimed at private homes. Turning to the specific facts of this case, those valid privacy concerns are not implicated. The court finds that the fact that law enforcement chose to install a surveillance camera, as opposed to utilizing more traditional surveillance techniques, does not change the result from a Fourth Amendment perspective...continue to full post

Full post as published by Fourth Amendment on February 22, 2008 (boomark / email).