Full 1st Circ. Says Lengthy Video Surveillance May Cross Line

Law360 (March 23, 2021, 6:34 PM EDT) -- A full First Circuit panel suggested Tuesday that the court could limit police's use of pole-mounted cameras to monitor homes without warrants or reasonable suspicion, with one judge remarking that prolonged surveillance would make most people "feel a little insecure."

The five-judge panel heard arguments from prosecutors, defendants and the American Civil Liberties Union in a federal drug trafficking case involving an eight-month video stakeout, weighing whether the appeals court correctly ruled in June 2020 that the footage was admissible. 

Prosecutors have said that because the front and side of the defendants' home was in public view, a camera observing the same, as well...

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