Legal Brief: Warrantless Surveillance Case Again Favors Law Enforcement

February 14, 2022
Security Business Magazine

Types : Bylined Articles

In my August 2020 column, I posed an important societal question: Do you have a reasonable expectation of privacy inside your home, but no such reasonable expectation immediately outside your home?

That column, Surveillance and the Fourth Amendment (www.securityinfowatch.com/21146837), suggested that you may not have a reasonable expectation of privacy immediately outside your home, depending on the circumstances. I analyzed United States v. Moore-Bush, where the Court of Appeals for the First Circuit (one step below the U.S. Supreme Court) considered whether the government’s warrantless use of a pole camera to continuously record the front of the defendants’ home for eight months infringed on the defendants’ reasonable expectation of privacy and, thereby, violated the Fourth Amendment of the U.S. Constitution.

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