10th Circuit had oddball reasoning in support the police in a
warrantless search with video surveillance with a camera mounted in the public way. Cameras are ubiquitous, so no one can reasonably expect
privacy from being seen in public.
We've got Google Ring cameras everywhere. I know when I walk the dog,
facial recognition allows me to be tracked and a profile is being built
about me concerning my travels about the neighborhood.
The difference here is that the police mounted a camera on a line pole,
high above the street, and pointed it at the front of a guy's home. The camera was monitored 15 hours a day for 68 days straight.
What can be done with recordings from all those other cameras, and
privacy expectations from them, is rather different than what can be
done with a police camera installed over the long term.
Still, if there's suddenly a privacy right in what can be seen when in
the public way, does that affect an individual just taking photographs
of what he finds interesting?
U.S. vs. Hay
I had no idea there were V.A. police.
They had a tip that a man on
disability wasn't disabled, so they set up a camera on a line pole,
recording video for 15 hours a day for 68 days. The defendant said it
was a violation of his privacy and the government needed a warrant.
He lost.
On Mar 22, 2024 at 4:25:25 PM PDT, ""Adam H. Kerman"" <ahk@chinet.com> wrote:
10th Circuit had oddball reasoning in support the police in a
warrantless search with video surveillance with a camera mounted in the >>public way. Cameras are ubiquitous, so no one can reasonably expect
privacy from being seen in public.
We've got Google Ring cameras everywhere. I know when I walk the dog, >>facial recognition allows me to be tracked and a profile is being built >>about me concerning my travels about the neighborhood.
The difference here is that the police mounted a camera on a line pole, >>high above the street, and pointed it at the front of a guy's home. The >>camera was monitored 15 hours a day for 68 days straight.
What can be done with recordings from all those other cameras, and
privacy expectations from them, is rather different than what can be
done with a police camera installed over the long term.
Still, if there's suddenly a privacy right in what can be seen when in
the public way, does that affect an individual just taking photographs
of what he finds interesting?
U.S. vs. Hay
I had no idea there were V.A. police.
Every administrative agency has GS-1811 special agents. VA, EPA, NASA, HUD, >BIA, they all have armed federal agents working for them.
They had a tip that a man on
disability wasn't disabled, so they set up a camera on a line pole, >>recording video for 15 hours a day for 68 days. The defendant said it
was a violation of his privacy and the government needed a warrant.
He lost.
He should have lost. I agree he has no privacy right from what can be seen in >public, to include the outside of his home. If he wants to hide his home from >public view, he needs to go to Wyoming and buy a huge tract of land and put >his house in the middle of it under some trees.
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