AP: New York police will use drones to monitor backyard parties this weekend, spurring privacy concerns

[PleaseBlitz]

10 minutes ago, Fergasun said:

Do police need a warrant to investigate a loud party that is in violation of local ordnances?

They need a warrant to enter the premises (including a fenced in yard) absent cause to believe that a crime is being committed. So if the party didnt pipe down, then maybe they could say a crime was being committed (the noise violation). If it’s just a big backyard BBQ, and NYPD has no reason to believe crime is probably happening but they just want to take a look (into a private backyard without permission), I think there is a good argument that’s a 4th Amendment violation. 

[tshile]

2 hours ago, PleaseBlitz said:

This also seems to be a serious 4th Amendment problem. If I’m in my private, fenced in backyard, then I have a reasonable expectation of privacy and the police would need a warrant to conduct a search. 

But is that actually true?

 

if the fence is open they can just walk in. And if they can see over it they can work off what they see. And I think I’ve read about the courts ruling that if you have the ability to see into the back yard - then the expectation of privacy goes away. and I’m not sure what a fence has to do with it. I don’t have a fenced in property but it’s surround by trees 100+ feet tall and I’m 800 feet of any public road. I kinda bought for the same privacy a fence affords, though I don’t have a fence. 
 

I really just think the line needs to be closer to something @Larryhad mentioned when it comes to how law enforcement works, and property rights. 
 

I get law enforcement deploying new tech when they’re - for example - hunting down the San Bernardino shooters. Some sort of crisis/emergency situation. 
 

but in order to use it to hunt for crime, with no other at a minimum probable cause, they should have to seek approval from the courts re: constitution before they get to do it. I don’t like the “there has to be someone convicted from this and in prison before we have a test to examine” way we tend to do it. 

That said I don’t know a damn thing about the law and I probably don’t understand all my rights well enough so I’m not trying to argue, it’s just my natural reaction to it. 

Edited September 2, 2023 by tshile

[PleaseBlitz]

9 hours ago, tshile said:

But is that actually true?

Yes, that is actually true. I didn’t bother to read the rest of your post after that. 

[CousinsCowgirl84]

It’s reasonable to have an expectation of privacy in your backyard. A drone defeating that reasonable expectation is unreasonable search.

 

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things ...

 

Edited September 2, 2023 by CousinsCowgirl84