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IL: CI with buttonhole camera to record drug deal did not violate Fourth Amendment

By John Wesley Hall, Jr.

The state’s CI used a buttonhole video camera to record a transaction in defendant’s home, and this did not violate the Fourth Amendment since he was invited in. The state constitutional claim that the state constitution should be interpreted different was waived. This arose as an IAC claim. People v. Meyer, 2010 Ill. App. LEXIS 713 (July 8, 2010). Defendant had no constitutionally protected privacy interest in any activity that Meyers viewed in his home. This includes defendant's possession of the handgun. Meyers simply obtained the most reliable evidence of events that he witnessed and could have testified to. Because any motion to suppress the video on the grounds that it was obtained in violation of the fourth amendment would have failed, defendant's counsel's decision not to challenge the video on constitutional grounds was not deficient...continue to full post

Full post as published by Fourth Amendment on July 21, 2010 (boomark / email).