In the latest case to test how technological developments alter Americans’ privacy, federal court has sided with the Justice Department on police use of concealed surveillance cameras on private property CNET is reporting.
Police are allowed in some circumstances to install hidden surveillance cameras on private property without obtaining a search warrant, a federal judge said yesterday.
CNET has learned that U.S. District Judge William Griesbach ruled that it was reasonable for Drug Enforcement Administration agents to enter rural property without permission — and without a warrant — to install multiple "covert digital surveillance cameras" in hopes of uncovering evidence that 30 to 40 marijuana plants were being grown.
This is the latest case to highlight how advances in technology are causing the legal system to rethink how Americans’ privacy rights are protected by law. In January, the Supreme Court rejected warrantless GPS tracking after previously rejecting warrantless thermal imaging, but it has not yet ruled on warrantless cell phone tracking or warrantless use of surveillance cameras placed on private property without permission.
Griesbach adopted a recommendation by U.S. Magistrate Judge William Callahan dated October 9. That recommendation said that the DEA’s warrantless surveillance did not violate the Fourth Amendment, which prohibits unreasonable searches and requires that warrants describe the place that’s being searched.
"The Supreme Court has upheld the use of technology as a substitute for ordinary police surveillance," Callahan wrote.
Two defendants in the case, Manuel Mendoza and Marco Magana of Green Bay, Wis., have been charged with federal drug crimes after DEA agent Steven Curran claimed to have discovered more than 1,000 marijuana plants grown on the property, and face possible life imprisonment and fines of up to $10 million. Mendoza and Magana asked Callahan to throw out the video evidence on Fourth Amendment grounds, noting that "No Trespassing" signs were posted throughout the heavily wooded, 22-acre property owned by Magana and that it also had a locked gate.

President Barack Hussein Obama won a close contest Tuesday night over former Massachusetts Governor Mitt Romney as individual votes documented a nation deeply divided.
The polls are open and busy in Tulsa as the people decide critical national, state and local issues.
Oklahoma’s effort to reorganize, size and hold government accountable advanced Tuesday as all six state questions passed.
State Question No. 759
This question amends the Oklahoma Constitution to remove the Governor from the parole process for persons convicted of certain nonviolent offenses. It enlarges the power and authority of the Pardon and Parole Board in these cases and in others to recommend to the Governor, but not to itself grant, parole for persons required to serve not less than eighty-five percent of their sentence prior to being considered for parole.
An exclusive interview with
Question: Your commercials speak to the core of Conservative values, but for the 1st District, how do you plan to help us in Congress?
Question: So while Democrats like Dan Boren were known for independent positions, John Olsen is going by rote to the left of the Left?
Barack Obama is a failure we must fix with Constitutional government, equal application of the law, free enterprise, individual freedom to dream and build those dreams daily. Somehow, Obama Democrats don’t believe people build things, but somehow roads build businesses – they claim that with a straight face even when it sounds like a joke to most Americans. Republicans believe people build businesses then those businesses are burdened with taxes that provide money for roads, bridges and the social programs big government loves.