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Privacy The Courts United States Technology Your Rights Online

Federal Judge Approves Warrantless, Covert Video Surveillance 420

Penurious Penguin writes "Your curtilage may be your castle, but 'open fields' are open game for law-enforcement and surveillance technology. Whether 'No Trespassing' signs are present or not, your private property is public for the law, with or without a warrant. What the police cannot do, their cameras can — without warrant or court oversight. An article at CNET recounts a case involving the DEA, a federal judge, and two defendants (since charged) who were subjected to video surveillance on private property without a warrant. Presumably, the 4th Amendment suffers an obscure form of agoraphobia further elucidated in the article."
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Federal Judge Approves Warrantless, Covert Video Surveillance

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  • by TheGratefulNet ( 143330 ) on Wednesday October 31, 2012 @02:29PM (#41832979)

    so, tell me, romney fans, you think things would IMPROVE if that assclown gets in?

    really?

    funny how you'll throw insults at obama but you are strangely silent about the other guy. who, most believe, will CRUSH whatever civil liberties are still left hanging by a thread.

  • by TheGratefulNet ( 143330 ) on Wednesday October 31, 2012 @02:33PM (#41833025)

    rules and laws are for regular people.

    don't you know the drill by now?

    cops get away with murder.

    literally.

    and judges are fine with that. almost always. its the 'brotherhood of crime fighters' that keeps them all in alignment.

    they have lost their souls and simply keep their brotherhood going.

  • by Trashcan Romeo ( 2675341 ) on Wednesday October 31, 2012 @02:39PM (#41833113)
    Hell, he'd probably violate the War Powers Act to launch an aggressive war of regime change against the leader of an oil-exporting Muslim country. He might even start killing American citizens with drone bombers. We can't afford a butcher like that in the White House.
  • Re:wait (Score:3, Insightful)

    by dyingtolive ( 1393037 ) <[gro.erihrofton] [ta] [ttenra.darb]> on Wednesday October 31, 2012 @02:40PM (#41833131)
    First poster never mentioned Romney. You did. You're assuming a dichotomy where there need be done. Multiply that across 95% of voters, and it's unsurprisng nothing ever improves.

    We the people deserve every last thing we get.
  • by dyingtolive ( 1393037 ) <[gro.erihrofton] [ta] [ttenra.darb]> on Wednesday October 31, 2012 @02:42PM (#41833159)
    First poster never mentioned Romney. You did. You're assuming a dichotomy where there need be done. Multiply that across 95% of voters, and it's unsurprisng nothing ever improves.

    We the people deserve every last thing we get.

    Number of times I've copypasted this here today and it still be on topic: 1
  • by Baldrson ( 78598 ) * on Wednesday October 31, 2012 @02:44PM (#41833191) Homepage Journal
    Is it ok to use parabolic microphones during this covert surveillance conducted without a warrant?

    If so, is it ok to use advanced signal processing technology to covertly and without a warrant see as well as listen through the walls of a home that has EM emanating from a wifi router in the house?

    If so, is it ok to use EM emanating from the police car radio, incidental to routine police communications to covertly and without a warrant see as well as listen through the walls of a home?

    If so, is it ok to deliberately project EM from the police car --- say in the form of a simple flashlight -- onto the private property to get a better look?

    Am I now, by asking these questions, suspect?

  • by h4rr4r ( 612664 ) on Wednesday October 31, 2012 @02:48PM (#41833251)

    What would really happen is when police are sure you are a criminal they will accept losing their jobs to catch you. This means nothing would change. Evidence collected illegally must be tossed out, or they will continue to collect evidence that way. Ideally it would be tossed out and the officers responsible would be reprimanded or fired.

  • by Anonymous Coward on Wednesday October 31, 2012 @02:49PM (#41833265)

    They want the filming of the police openly with your phone to be illegal, but placing hidden cameras on private property to film civilians to be legal? Oh what a brave new world it is in this year of 1984.

  • by h4rr4r ( 612664 ) on Wednesday October 31, 2012 @02:55PM (#41833361)

    I have something logical to offer, we know some things with Romney will get worse. Is that tradeoff worth it to everyone?

  • by nschubach ( 922175 ) on Wednesday October 31, 2012 @03:26PM (#41833811) Journal

    how do those who vigorously defend civil liberties propose the community should protect themselves?

    We have a constitutional amendment for that...

    A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

  • Re:wait (Score:5, Insightful)

    by P-niiice ( 1703362 ) on Wednesday October 31, 2012 @03:26PM (#41833819)
    The implication is that Romney would "do different". Just because this is an executive branch function doesn't mean Romney would step into the office, find and review this case and personally put a stop to it.
  • by Charliemopps ( 1157495 ) on Wednesday October 31, 2012 @03:46PM (#41834115)

    U.S. district judge sided with the Justice Department to rule that it was reasonable for DEA agents to enter a property without permission or a warrant to install multiple “covert digital surveillance cameras.”

    The Justice department...

    The Department is led by the Attorney General, who is nominated by the President and confirmed by the Senate and is a member of the Cabinet. The current Attorney General is Eric Holder.

    http://en.wikipedia.org/wiki/United_States_Department_of_Justice [wikipedia.org] There would be no case here if the Obama administration had not brought one. Not defending republicans here, they are just as bad as democrats. But seriously, stop defending them like they were a friend of the people.

  • by Charliemopps ( 1157495 ) on Wednesday October 31, 2012 @04:48PM (#41834939)
    What on earth are you talking about? The DEA is run by the Executive branch, the Justice Department is as well... This would not be a case at all, if the Obama administration had not already approved the agents to use the cameras and the justice department hadn't decided to present that evidence and argue for its constitutionality. If Obama thought this was wrong he could tell Eric Holder to drop this case, and it would have been over before it even got to the judge. Are you really that dedicated to your party that you're completely blind to reality?
  • by rastoboy29 ( 807168 ) on Wednesday October 31, 2012 @05:13PM (#41835277) Homepage
    No. Wrong. Bad.

    One reason many of the founders did NOT want a Bill of Rights was because they wanted to be sure that the people's rights were NOT enumerated.

    What the Bill of Rights is is an enumeration of what the government can definitely NOT do.  Just because something isn't listed there, doesn't mean the government can go crazy and do whatever they want.

    Please stop spreading this common false understanding--it's very destructive.

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