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Tuesday, November 12, 2024

Seventh Circuit Upholds Use of Pole Camera by Police to Record Activities at Front of Home


As part of a drug trafficking investigation, law enforcement installed a pole camera pointed at an individual's home. The evidence gathered from the camera, along with other evidence gathered by law enforcement, was used to charge the resident with intent to distribute methamphetamine, conspiracy to possess with intent to distribute marijuana, distribution of marijuana, among other crimes. The resident moved to suppress the evidence from the pole camera, arguing that the warrantless search violated his Fourth Amendment rights, but the district court denied the motion. He was ultimately convicted by a jury. 

The resident appealed to the Seventh Circuit Court of Appeals, which ruled against him, finding no violation of his Fourth Amendment rights. The Seventh Circuit determined that he had no expectation of privacy for activities conducted in front of and outside of the resident's home. U.S. v. House (7th Cir. November 5, 2024). The Seventh Circuit noted that the resident had taken no action to shield the activities taking place at the front of the residence, and that law enforcement's use of the pole camera provided no greater view to the activities taking place at the front of the home than could have been observed by an ordinary passerby.

Post Authored by Madeline Tankersley & Julie Tappendorf

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