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Friday, June 7, 2013

US v. ANDERSON-BAGSHAW, Dist. Court, ND Ohio 2012 - Google Scholar

US v. ANDERSON-BAGSHAW, Dist. Court, ND Ohio 2012 - Google Scholar

If the majority had adopted a mosaic theory condemning uninterrupted GPS surveillance, and further extended that theory to non-trespassory surveillance, then perhaps a substantial question of law might have been presented as to the constitutionality of the continuously streamed footage. Perhaps then the constitutionality of the 24-day surveillance would be a close question, or one that could go either way. But no such theory was adopted, and the pole camera footage remains soundly within the purview of caselaw reviewed in the Court's denial of Bagshaw's motion to suppress and motion to reconsider, under which authority this is not a close question.