The U.S. Supreme Court has refused to stop police from using hidden cameras to secretly and warrantlessly record and monitor a person’s activities outside their home over an extended period of time. In refusing to hear an appeal in Travis Tuggle v. U.S., the Supreme Court left in place a lower court ruling which concluded that no “search” in violation of the Fourth Amendment had occurred because the private activity recorded by the hidden surveillance cameras took place in public view. The Rutherford Institute and the Cato Institute had filed an amicus brief in Tuggle warning that without adequate safeguards in place, there would be no turning back from the kinds of intrusions posed by such expansive, ever-watching surveillance technology capable of revealing intimate details of a person’s life.
Jim Harper with TechLaw at the University of Arizona College of Law assisted The Rutherford Institute and the Cato Institute in advancing the Fourth Amendment privacy arguments in Tuggle.
“Unfortunately, we are steadily approaching a future where nothing is safe from the prying eyes of government,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “As the Seventh Circuit Court of Appeals recognized, ‘Foreseeable expansion in technological capabilities and the pervasive use of ever-watching surveillance will reduce Americans’ anonymity, transforming what once seemed like science fiction into fact.’”