This one is for those who think “who will know”…The 8th Circuit Court of Appeals affirmed a lower court’s allowance of electronic video surveillance equipment as used by law enforcement to catch someone living where he was not registered.

In United States v. STEFANYUK, the defendant was charged with failure to register (among other things). To catch him living where he wasn’t, Homeland Security installed electronic video surveillance equipment (“EVSE”) across the street from his home. Without a warrant they put up a hidden pole camera 15 feet off the ground in a public right of way facing the house. The camera operated for two weeks; it could pan, tilt, and zoom, but not see inside the house.

The Defendant tried to suppress the surveillance evidence, arguing that “warrantless long-term around-the-clock video recordings and surveillance of [his] home violated his Fourth Amendment rights.” The lower court dismissed and the appeals court affirmed.

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