Telephone Pole Cameras Under Fourth Amendment Law

26 Pages Posted: 6 Oct 2022 Last revised: 16 Mar 2024

See all articles by Matthew Tokson

Matthew Tokson

University of Utah - S.J. Quinney College of Law

Date Written: October 4, 2022

Abstract

In a series of recent cases, police officers have mounted sophisticated surveillance cameras on telephone poles and pointed them at the homes of people suspected of a crime. These cameras often operate for months or even years without judicial oversight, collecting vast quantities of video footage on suspects and their activities near the home. Pole camera surveillance raises important Fourth Amendment questions that have divided courts and puzzled scholars.

These questions are complicated because Fourth Amendment law is complicated. This is especially the case today as Fourth Amendment law is in a transitional phase, caught between older and newer paradigms for determining the scope of the Amendment’s power. This Symposium Essay succinctly lays out the standards that govern modern Fourth Amendment search questions. It applies those standards to the pole camera issue—perhaps the most urgent and consequential issue in current Fourth Amendment surveillance law. The Essay surveys the substantial body of caselaw addressing this question. It offers its own detailed analysis and grapples with variations in fact patterns that have confounded prior attempts to address the issue. Finally, it uses this analysis to draw vital lessons for Fourth Amendment law more broadly.

Keywords: Fourth Amendment, Pole Cameras, Surveillance, Privacy, Fences, Video

Suggested Citation

Tokson, Matthew J., Telephone Pole Cameras Under Fourth Amendment Law (October 4, 2022). 83 Ohio State L.J. 977 (2022) , University of Utah College of Law Research Paper No. 525, Available at SSRN: https://ssrn.com/abstract=4237138 or http://dx.doi.org/10.2139/ssrn.4237138

Matthew J. Tokson (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

HOME PAGE: http://https://faculty.utah.edu/u6012359-Matthew_Tokson/biography/index.hml

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
272
Abstract Views
1,950
Rank
213,349
PlumX Metrics