Warrantless surveillance of private property deemed lawful in the US
2012 12 05

By Nina Hanbury | PrivacyInternational.org

Last month, US District Judge William Griesbach ruled that police can lawfully install covert digital surveillance cameras on private property without a warrant. Officers of the Drug Enforcement Agency had entered a property belonging to Marco Magana, which was littered with ‘no trespassing’ signs and behind a locked gate, and installed hidden cameras without the consent or knowledge of either the occupant or a court of law. In what has been described by Salon as “yet another blow to US citizens’ dwindling expectation of privacy from government surveillance”, the Judge ruled that this did not constitute a breach of the Fourth Amendment to the US Constitution. Given the central role of the Fourth Amendment in upholding due process, this case sets a dangerous precedent for the protection of privacy and the use of electronic surveillance.

The Fourth Amendment to the US Constitution defends “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures”, adding that “no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”. In defending the decision that this particular use of warrantless electronic surveillance did not constitute a breach, Judge Griesbach alluded primarily to the ‘open fields’ principle. This principle asserts that open fields are exempt from Fourth Amendment protection as they “do not provide the setting for those intimate activities that the Amendment is intended to shelter from government interference or surveillance”. As a result, open fields are not deemed to possess a reasonable expectation of privacy.

Lawyers for the two defendants in the case - Magana and Manuel Mendoza, who are both charged with running a large-scale marijuana farm - argued that the property in question constituted curtilage, the land immediately surrounding a dwelling, which does possess the expectation of privacy. The court rejected this argument, though their basis for doing so remains elusive, particularly in light of subsequent police conduct. While the initial installation of covert surveillance by police may have been justified by the assumption that they were operating on open fields, this does not appear to be the case given that four days later, a warrant was sought and granted. In this light, the scenario is indeed reminiscent of the kind of unreasonable searches (motivated by vague suspicions and unsupported by probable cause) that the Fourth Amendment is intended to protect US citizens against.

[...]


Read the full article at: privacyinternational.org




Related Articles


Latest News from our Front Page

Magaluf bar where British girl was filmed performing sex acts on 24 men is shut down after police investigation into video
2014 07 26
Is this what the youth in Britain and Europe is spending their their energy, money, efforts and innocence on? The young girl, pictured, was lured into performing multiple sex acts after organisers offered a free drink although she thought a holiday was on offer* Council officials launched an official investigation after the video went viral Playhouse bar in Magaluf and entertainment ...
Prejudice is a Form of Common Sense - Hard-Wired Into the Human Brain, Says ASU Study
2014 07 26
Contrary to what most people believe, the tendency to be prejudiced is a form of common sense, hard-wired into the human brain through evolution as an adaptive response to protect our prehistoric ancestors from danger. So suggests a new study published by Arizona State University researchers in the May issue of the "Journal of Personality and Social Psychology," which contends that, ...
The State is a Bully
2014 07 24
In the history of Western philosophy and social theory, no really silly idea has been more successful than the theory of the social contract. It is in fact not a theory of the social contract. It is a theory of the political contract. It is the idea, promoted by Thomas Hobbes, John Locke, and Jean-Jacques Rousseau, that, at some point in ...
NATO Exercise in Ukraine Coincided with MH-17 Shoot-down
2014 07 24
Rapid Trident was omitted from the flurry of coverage on the shoot-down MH-17. From the U.S. Army in Europe website: Rapid Trident supports interoperability among Ukraine, the United States, NATO and Partnership for Peace member nations. The exercise helps prepare participants to operate successfully in a joint, multinational, integrated environment with host-nation support from civil and governmental agencies. ...
Warning of ’imminent’ terror attack in Norway
2014 07 24
Norwegians were warned Thursday of the concrete possibility of a terror attack occurring in that country at the hands of people with connections to an extremist group in Syria. A press conference was called in Oslo, Norway on Thursday where an announcement was made of a "possible concrete threat" to national security in that country from terrorists related to an extremist ...
More News »