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Federal Court Nixes Weeks of Warrantless Video Surveillance

An anonymous reader writes with this news from the EFF's Deep Links: The public got an early holiday gift today when a federal court agreed with us that six weeks of continually video recording the front yard of someone's home without a search warrant violates the Fourth Amendment. In United States v. Vargas local police in rural Washington suspected Vargas of drug trafficking. In April 2013, police installed a camera on top of a utility pole overlooking his home. Even though police did not have a warrant, they nonetheless pointed the camera at his front door and driveway and began watching every day. A month later, police observed Vargas shoot some beer bottles with a gun and because Vargas was an undocumented immigrant, they had probable cause to believe he was illegally possessing a firearm. They used the video surveillance to obtain a warrant to search his home, which uncovered drugs and guns, leading to a federal indictment against Vargas.

5 of 440 comments (clear)

  1. Re:What? by Tokolosh · · Score: 3, Interesting

    Because nowhere in the Constitution does the government have the authority to decide who is worthy to live here, and who is not.

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    Prove anything by multiplying Huge Number times Tiny Number
  2. Re:undocumented immigrant by TWX · · Score: 3, Interesting

    The wording of the natural rights in the Constitution's Bill of Rights don't mention citizenship as a requirement for those rights applying. Court rulings have allowed for narrower interpretations (ie, firearms potentially) but otherwise, the same rules governing the treatment of citizens govern the treatment of everyone else.

    This is part of the reason why so many peopel got upset by the 'black sites' used to hold those grabbed in 'extraordinary rendition' protocols and held, and likely tortured, it was an attempt to get around the Contitution's rules regarding the treatment of people by keeping them off of US soil. What was argued and is still argued, is that those engaging in the business of the United States of America, whether on American soil or abroad, should still be bound by the Constitution and laws when working in their official capacity. This is also why rules of war matter, as those rules are what are supposed to allow for different treatment.

    But we haven't declared war since WWII if memory serves, so I guess in practice, those conditions have been eroding since the Korean War.

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    Do not look into laser with remaining eye.
  3. Re:If you point the camera on a politician.. by dgatwood · · Score: 4, Interesting

    If one would give me six lines written by the hand of the most honest man, I would find something in them to have him hanged.
    —Cardinal Richelieu (allegedly)

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    Check out my sci-fi/humor trilogy at PatriotsBooks.

  4. Re:What? by Loki_1929 · · Score: 5, Interesting

    Because it's impossible to secure 3,000 miles of border, and he would just sneak back in if that's all we did.

    Pardon me, but that's bullshit.

    Let's just take the forces we already have today. We have 1.4 Million in active duty military personnel and 850,000 reserves. Obviously we can't take every single one, so let's take half: 1.1 Million people. Now stick them on a 3-man rotation minus 1/3 for duty rotations and leave and spread them out across the 1,954 mile border with Mexico. That puts 125 people plus their equipment per mile of border, plus all their R&D budget going into technologies to increase protection. Those personnel aren't just idle all day; they're building fences, digging trenches, laying sensor grids, and basically doing all the stuff that completely shut down the San Diego zone for crossings and they're doing it 24/7/365 at 125 per mile or one person every 14 yards.

    I think that's all way overboard for what we'd need to actually secure (~99% reduction in successful unauthorized crossings) that border, but in any event, don't try to say it's impossible to do. Say we lack the political will. Say we choose not to do it. Say we just aren't interested enough in the problem to do what's necessary to solve it. But don't say it's impossible; that's absurd. I'm not even getting terribly creative here; just sticking boots on the ground and a whole lot more boots than we'd ever actually need at that.

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    -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
  5. Re:Presidential Oath of Office - how quaint by smooth+wombat · · Score: 4, Interesting

    Which has nothing to do with the question I asked.

    No one is saying people from other countries shouldn't be allowed to work in the U.S. (I'm not), what is being asked is they do it legally and with proper documentation.

    So again, I ask the question, do you let random people walk in and out of your place without knowing who they are?

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    We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower