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Supreme Court Declines To Hear Challenge To Warrantless Pole Camera Surveillance...
source link: https://yro.slashdot.org/story/23/05/24/2023224/supreme-court-declines-to-hear-challenge-to-warrantless-pole-camera-surveillance
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Supreme Court Declines To Hear Challenge To Warrantless Pole Camera Surveillance
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Federal courts of appeals and state supreme courts have divided on the question of whether such sweeping surveillance is a Fourth Amendment search requiring a warrant. The highest courts of Massachusetts, Colorado, and South Dakota have held that long-term pole camera surveillance of someone's home requires a warrant. In Moore v. United States, the members of the full en banc U.S. Court of Appeals for the First Circuit split evenly on the question, with three judges explaining that a warrant is required, and three judges expressing the belief that the Fourth Amendment imposes no limit on this invasive surveillance. This issue will continue to arise in the lower courts; the ACLU filed an amicus brief on the question in the U.S. Court of Appeals for the Tenth Circuit earlier this month. "The Supreme Court's decision not to hear this case means that people across the country remain vulnerable to law enforcement's claim of unfettered authority to surveil any of us at our homes, for as long as they wish, with no judicial oversight," said Nathan Freed Wessler, deputy director of the ACLU's Speech, Privacy, and Technology Project. "As the cost of surveillance technology falls and its use by law enforcement expands, the need to resolve whether the Fourth Amendment poses any constraint has become all the more urgent. We will continue fighting for essential privacy protections."
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