Captured Without Consent: Reckoning With Non-Volitional Disclosures Around the Home in Long-Term Pole Camera Cases
Journal
American University Law Review Forum
Volume
74
Abstract
This Comment argues that courts reasoning whether long-term pole camera surveillance of a home is a Fourth Amendment search should not apply the public observation doctrine because entering and exiting one’s home is not volitional. It compares long-term pole camera cases to Carpenter v. United States, where the court did not apply the third-party doctrine upon determining that cell phone usage was not volitional. The author argues that if the public observation doctrine was applied to long-term pole camera cases, residents would have to achieve secrecy to secure privacy protection around their homes.
Recommended Citation
Donaldson, Katelyn, "Captured Without Consent: Reckoning With Non-Volitional Disclosures Around the Home in Long-Term Pole Camera Cases" (2024). Celebrating WCL Student Authors. 73.
https://digitalcommons.wcl.american.edu/stusch_lawrev/73