United States of America v. Hay

In United States v. Hay, federal agents installed a utility pole–mounted video camera directly in front of Mr. Hay’s home, without a warrant, and surveilled Mr. Hay’s porch, front yard, and driveway for nearly ten weeks. Mr. Hay challenged this warrantless surveillance, arguing that this type of long-term constant video surveillance of a person’s home reveals highly sensitive information and constitutes a search under the Fourth Amendment. We agree.

Along with the National ACLU, ACLU of Kansas, Electronic Privacy Information Center, Brennan Center for Justice, and Center for Democracy and Technology, we filed an amicus brief urging the Tenth Circuit to hold that long-term, continuous pole camera surveillance of a person’s home and curtilage, when conducted without a warrant, violates the Fourth Amendment right to be secure in our homes against unreasonable searches. Our brief also argues that authorizing warrantless, prolonged pole camera surveillance of a home would disadvantage those who lack the resources to put up expensive fencing or otherwise block their homes from public view.

Unfortunately, the Tenth Circuit sided with the government, reasoning (incorrectly) that pole camera surveillance is not a Fourth Amendment search if the camera can only capture activity in public view.

See the full brief below: