fourth amendment

Drug Case In Jeopardy Over Surveillance, Warrant Issues

A mistrial was declared in the case of an accused Rochester Hills drug dealer this month after it was disclosed his defense attorney never received pretrial information about a mobile tracking device placed on his client?s vehicle by investigators. But still in dispute —and possibly to be addressed at a pretrial hearing Tuesday— is whether the tracker that monitored his movements was legally attached to Dukes? 2015 Cadillac. Officials have been unable to locate the original search warrant reportedly obtained from a Pontiac district judge by Detective Charles Janczarek, a member of the Oakland County Narcotics Enforcement Team. Defense attorneys and civil right advocates said the case underscores concerns about the potential for abuse of GPS trackers by law enforcement and the need for proper search warrants.

Drone on Drones: New Court Decision Reflects Shifting Views on Privacy in Public

Whenever drone policy is raised as a topic, privacy concerns follow close behind it as a discussion point. The idea of aerial surveillance that is cheaper, less time-intensive, and requires fewer man hours to get off the ground leads immediately to concerns about the development of a surveillance state, where individuals can be monitored round the clock, and every public action can be recorded for posterity.

Federal Court Agrees With EFF, Throws Out Six Weeks of Warrantless Video Surveillance

As we have been following on SecurityHive.com, the use as evidence of video surveillance of a camera pointed at the front of a home (or business) from a "public vantage point" is working its way through the courts. Where an Appeals Court had previous allowed such evidence, now a judge has ruled that such evidence gathering activities violates the Fourth Amendment to the U.S. Constitution. As posted on the Electronic Frontier Foundation’s website: The public got an early holiday gift today when a federal court agreed with us that six weeks of continually video recording the frontyard of someone’s home without a search warrant violates the Fourth Amendment.