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It's really a fascinating question. Is it warrant-requiring surveillance if they capture a photo once per year as part of a survey? What if they park a drone ov
by dgacmu 2y ago
It's really a fascinating question. Is it warrant-requiring surveillance if they capture a photo once per year as part of a survey? What if they park a drone over your house 24x7?
Technologies that can see through your walls like thermal imaging already require a warrant: https://www.willettlaw.net/blog/criminal-law-newsletter-4/ https://www.willettlaw.net/blog/criminal-law-newsletter-4/
For maps, though, it's likely we'd take the same exemption we take for a lot of other surveillance data: buy it from commercial entities... Which then raises the question of what a random company can collect from the air, which this ruling does not address.
- shadowgovt 2y agoIANAL, but were I arguing this case for the side of the property owner that is the precedent I would lean into: "We already have an understanding that you can't just capture whatever electromagnetic radiation happens to flux through someone's house and consider that non-privacy-violating, so why is it okay to intentionally go up in the air and capture the flux reflecting off their private property?"