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I agree with you, but the statement "you have no reasonable expectation of privacy outdoors" is interesting. If someone were to fence off their back yards with
by skwirl 13y ago
I agree with you, but the statement "you have no reasonable expectation of privacy outdoors" is interesting. If someone were to fence off their back yards with a high privacy fence, would they really have no reasonable expectation to, say, sunbathe in the nude without a drone (or helicopter for that matter) zooming in on them and snapping pictures?
A quick search shows a lot of case law related to this (especially related to cases of people who were growing marijuana outside, unsurprisingly). But I didn't see a distilled answer.
- iguana 13y agoI've done a bit of googling on this myself, and all I can find is that evidence could be thrown out in a criminal case based entirely on aerial footage, but that is rarely the only evidence provided. You likely don't own the airspace above your property, certainly not above a thousand feet, and technically no one owns outer space, so I would say that in 2013 or beyond, your expectation of privacy in your back yard is likely to dwindle severely over time.
- stephengillie 13y agoIf Google Maps used the image, they'd have to blur your sunbathing.
- dailyrorschach 13y agoIn the US your backyard isn't necessarily considered to have an expectation to privacy. The principle in question is Curtilage, the relevant holding was United States v Dunn. http://en.wikipedia.org/wiki/Curtilage http://en.wikipedia.org/wiki/Curtilage The fence argument is interesting, the factors they'd need to consider are outlined in the Wiki article. It's also why a professor of mine who was a lawyer told us in DC that if we ever got a MPD citation for drinking in public on our porch that he'd take the case for free, as he felt the law would clearly be unconstitutional - and said he'd have fun doing it.