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First Circuit Splits on Whether Warrantless Pole-Mounted Video Surveillance Violates Fourth Amendment; District Court Suppression Order Reversed

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Last week, the First Circuit issued a decision that could be destined for Supreme Court review, but that nonetheless will immediately impact the course of criminal defendants' Fourth Amendment rights, particularly concerning government video camera surveillance. The split en banc decision centers on whether recordings obtained from a remotely controlled digital video camera mounted on a utility pole across from a private residence that was continuously recording the area immediately in front of...
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