Since IANAL, I didn't realize there is an exception that allows
the government to search your property without a warrant.
https://www.foxnews.com/us/virginia-wildlife-officials-trespassed-m ans-land-stole-trail-camera-lawsuit-alleges
Its called the "Open-fields doctrine"
https://en.wikipedia.org/wiki/Open-fields_doctrine
My house surrounded by my hay field can be searched until they get
close to the house. No trespassing signs even fences don't
prevent the search.
There is even a story where agents put a camera on a bear to see
if a homeowner was feeding bears in violation of the law.
https://www.ctinsider.com/connecticut/article/couple-lawsuit-bear-c amera-4th-amendment-18131994.php
Since IANAL, I didn't realize there is an exception that allows the government to search your property without a warrant.
https://www.foxnews.com/us/virginia-wildlife-officials-trespassed-mans-land-stole-trail-camera-lawsuit-alleges
Its called the "Open-fields doctrine"
https://en.wikipedia.org/wiki/Open-fields_doctrine
My house surrounded by my hay field can be searched until they get close
to the house. No trespassing signs even fences don't prevent the search.
There is even a story where agents put a camera on a bear to see if a homeowner was feeding bears in violation of the law.
https://www.ctinsider.com/connecticut/article/couple-lawsuit-bear-camera-4th-amendment-18131994.php
A camera on a bear or other wildlife is a different question. The bear,
not being human, has no property rights. The police can put a camera on
it, or a tracking device to see where it goes. If the camera "happens"
to catch you feeding the bear, that's usable in court because the police >didn't violate anybody's property rights.
Roy <montanawolf@outlook.com> wrote:
Since IANAL, I didn't realize there is an exception that allows
the government to search your property without a warrant.
https://www.foxnews.com/us/virginia-wildlife-officials-trespassed-m
ans-land-stole-trail-camera-lawsuit-alleges
Its called the "Open-fields doctrine"
https://en.wikipedia.org/wiki/Open-fields_doctrine
My house surrounded by my hay field can be searched until they get
close to the house. No trespassing signs even fences don't
prevent the search.
There is even a story where agents put a camera on a bear to see
if a homeowner was feeding bears in violation of the law.
https://www.ctinsider.com/connecticut/article/couple-lawsuit-bear-c
amera-4th-amendment-18131994.php
Criminal law is not my field, but I do know that the law has the
concept of the curtilage - the are around the living quarters as
being what is protected. Other buildings are also protected, but
apparently open fields have a different standard.
It appears that Barry Gold <bgold@labcats.org> said:
A camera on a bear or other wildlife is a different question. The
bear, not being human, has no property rights. The police can put
a camera on it, or a tracking device to see where it goes. If the
camera "happens" to catch you feeding the bear, that's usable in
court because the police didn't violate anybody's property rights.
The Connecticut case is more complex than that. The state thinks,
probably with good reason, that the plaintiff has been illegally
feeding the bears to get them to hang around for the tourists to
whom he charges admission. He argues, again probably with good
reason, that the camera on the bear was intended specifically to
spy on him. I have no idea how a court will resolve it.
It's sort of like flying drones with cameras is OK so long as they
don't get too close to your house, but how close is too close?
Since IANAL, I didn't realize there is an exception that allows the >government to search your property without a warrant.
https://www.foxnews.com/us/virginia-wildlife-officials-trespassed-mans-land-stole-trail-camera-lawsuit-alleges
Its called the "Open-fields doctrine"
https://en.wikipedia.org/wiki/Open-fields_doctrine
My house surrounded by my hay field can be searched until they get close
to the house. No trespassing signs even fences don't prevent the search.
There is even a story where agents put a camera on a bear to see if a >homeowner was feeding bears in violation of the law.
https://www.ctinsider.com/connecticut/article/couple-lawsuit-bear-camera-4th-amendment-18131994.php
Roy <montanawolf@outlook.com> wrote:
Since IANAL, I didn't realize there is an exception that allows
the government to search your property without a warrant.
https://www.foxnews.com/us/virginia-wildlife-officials-trespassed-m >>ans-land-stole-trail-camera-lawsuit-alleges
Its called the "Open-fields doctrine"
https://en.wikipedia.org/wiki/Open-fields_doctrine
My house surrounded by my hay field can be searched until they get
close to the house. No trespassing signs even fences don't
prevent the search.
There is even a story where agents put a camera on a bear to see
if a homeowner was feeding bears in violation of the law.
https://www.ctinsider.com/connecticut/article/couple-lawsuit-bear-c >>amera-4th-amendment-18131994.php
Isn't the conclusion that must be drawn from these two things that
if you are going to feed the bear, you should do so close enough
to the house so that it's not open fields. There any photos the
bear takes should be inadmissable for any legal purpose.
Although once the govt. has seen them, won't people in the govt.
be twice as determined to "get" the property owner? Is there any
remedy for that?
"Stuart O. Bronstein" <spamtrap@lexregia.com> wrote:
} The difference is that a drone is something you have more or less
} complete control over.
How low can a drone fly over your property? three feet above ground level?
"Stuart O. Bronstein"<spamtrap@lexregia.com> wrote:
} The difference is that a drone is something you have more or less
} complete control over.
How low can a drone fly over your property? three feet above ground level? Can it hover outside your windows and look in? I think/though that the
FAA regulated them but I have no idea what they're permitted "airspace" is
According to Bernie Cosell <bernie@fantasyfarm.com>:
"Stuart O. Bronstein" <spamtrap@lexregia.com> wrote:
} The difference is that a drone is something you have more or less
} complete control over.
How low can a drone fly over your property? three feet above ground level?
The FAA says the maximum height for a drone is 400 feet without a
waiver, with obvious exclusions near an airport or in controlled
airspace. The operator has to be able to see the drone at all times.
State law controls how close a drone can get to people or property.
Very few states have specific drone laws (VA only has one about police
using them) so laws about trespass and harassment apply. I gather this
is a hot topic and the details are very unsettled.
} Very few states have specific drone laws (VA only has one about police
} using them) so laws about trespass and harassment apply. I gather this
} is a hot topic and the details are very unsettled.
A related question: is it legal to shoot down [or otherwise
disable/destroy] a drone flying over your property?
"John Levine" <johnl@taugh.com> wrote:
} State law controls how close a drone can get to people or property.
} Very few states have specific drone laws (VA only has one about police
} using them) so laws about trespass and harassment apply. I gather this
} is a hot topic and the details are very unsettled.
A related question: is it legal to shoot down [or otherwise
disable/destroy] a drone flying over your property?
"John Levine" <johnl@taugh.com> wrote:
} State law controls how close a drone can get to people or property.
} Very few states have specific drone laws (VA only has one about police
} using them) so laws about trespass and harassment apply. I gather this
} is a hot topic and the details are very unsettled.
A related question: is it legal to shoot down [or otherwise
disable/destroy] a drone flying over your property?
/Bernie\
In misc.legal.moderated, on Sun, 25 Jun 2023 06:45:42 -0700 (PDT),
Bernie Cosell <bernie@fantasyfarm.com> wrote:
"John Levine" <johnl@taugh.com> wrote:
} State law controls how close a drone can get to people or property.
} Very few states have specific drone laws (VA only has one about police
} using them) so laws about trespass and harassment apply. I gather this
} is a hot topic and the details are very unsettled.
A related question: is it legal to shoot down [or otherwise >>disable/destroy] a drone flying over your property?
/Bernie\
That's what the Ukrainians and the Israelis have been doing. But of
course they're not in the USA, so maybe it's different.
A related question: is it legal to shoot down [or otherwise
disable/destroy] a drone flying over your property?
It comes down to a basic principle of privacy: what happens in private
is private and not to be invaded. What happens in public is public. If
it can be seen from the street or public walkway, it's public.
On June 25, Bernie Cosell wrote:
A related question: is it legal to shoot down [or otherwise
disable/destroy] a drone flying over your property?
Was it legal for the Pakistan air force to shoot down the helicopter
carrying the commando squad, sent to whack Osama, in 2011?
(assuming they had spotted that bird)
--
Rich
On June 25, Bernie Cosell wrote:
A related question: is it legal to shoot down [or otherwise
disable/destroy] a drone flying over your property?
Was it legal for the Pakistan air force to shoot down the helicopter
carrying the commando squad, sent to whack Osama, in 2011?
(assuming they had spotted that bird)
--
Rich
On June 20, Barry Gold wrote:
It comes down to a basic principle of privacy: what happens in private
is private and not to be invaded. What happens in public is public. If
it can be seen from the street or public walkway, it's public.
What if a house has a digital code door lock, and one places
a camera on the sidewalk, which can zoom in to the lock's
keypad, watching as the home owner punches it?
--
Rich
On 7/3/2023 10:03 PM, RichD wrote:
On June 25, Bernie Cosell wrote:
A related question: is it legal to shoot down [or otherwise
disable/destroy] a drone flying over your property?
Was it legal for the Pakistan air force to shoot down the helicopter
carrying the commando squad, sent to whack Osama, in 2011?
(assuming they had spotted that bird)
--
Rich
Was it legal for the Soviets to shoot down Powers U-2?
Was it legal for the US to shoot down the Chinese balloon?
Legal by who?
I'm sure the Gary Powers incident was "legal" under Soviet law at the
time, given their apparent disdain for Americans and the fact he was
clearly spying. The more interesting question would be if a similar
manned plane had been sent by the Russians over US territory, would the
US be justified in shooting it down? Unless the plane were headed
toward a building a la the 9/11 crew or creating an obvious jeopardy to humans, I'm not sure what the US law would be with regard to shooting
down a manned but apparently unarmed aircraft.
In the case of the Chinese balloon, the US made a reasonable inference
that the object had been sent for spying purposes, it was clearly
unmanned and the government waited until they thought it could be
brought down without jeopardizing life or property.
--
My understanding is that a camera that records things that a human can
also see from a position off the person's property is perfectly legal.
Thus a camera mounted on the house across the street from me that can
see my door and people coming and going just as a human could from the
same position is legal. But once you add a zoom capability that can
zoom in on details that a human eye wouldn't pickup, that becomes an
invasion of privacy.
--
On 7/3/2023 10:03 PM, RichD wrote:
On June 25, Bernie Cosell wrote:
A related question: is it legal to shoot down [or otherwise
disable/destroy] a drone flying over your property?
Was it legal for the Pakistan air force to shoot down the helicopter
carrying the commando squad, sent to whack Osama, in 2011?
(assuming they had spotted that bird)
--
Rich
Was it legal for the Soviets to shoot down Powers U-2?
Was it legal for the US to shoot down the Chinese balloon?
Legal by who?
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