1st Circuit Split On Lengthy Video Surveillance Of Home

By Brian Dowling (June 10, 2022, 4:53 PM EDT) — A full slate of First Circuit judges could not agree Thursday on whether long-term camera surveillance of a suspect’s home requires a warrant, but said prosecutors in the drug case could nonetheless use the eight months of footage.

The six judges considering U.S. District Judge William G. Young’s order tossing the warrantless video evidence split evenly on whether the camera’s use amounted to a Fourth Amendment search. But they agreed — for differing reasons — that the government should still be able to use the tapes against Nia Moore-Bush and her mother, Daphne Moore, who face federal drug and gun charges….

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