Presumably, DWR (Virginia) game wardens walked onto Highlander’s property using the U.S. Supreme Court’s Open Fields doctrine. Federal and state agencies often claim the doctrine allows government officials to secretly enter private land and spy on landowners. In a nutshell, the doctrine says private land (outside home and yard) receives zero Fourth Amendment protections from warrantless intrusions.
Normally, government uses the Open Fields doctrine to search private land. But in Highlander’s case, government used the doctrine to seize property from private land.
After the DWR officers seized the camera (without a warrant or permission) from Mr. Highlander’s property, Defendant Adams (Viginia DWR game warden) physically opened the camera and removed the storage card in order to access photos on the card. On information and belief, Adams then downloaded copies of thousands of photos from Mr. Highlander’s camera, stored them on her computer, and has been reviewing the photos to see if she can find any evidence that Mr. Highlander has violated any hunting law or regulation.
Defendant (Viriginia DWR Officer) Adams obtained a search warrant directed to Reveal by Tactacam—the company that made the camera and that hosts online photo storage for its customers—for any additional photos associated with Mr. Highlander’s camera.
In other words, Defendant Adams seized Mr. Highlander’s camera without a warrant and has been effectively using that camera to retroactively spy on Mr. Highlander.
https://www.agweb.com/news/business/farmland/game-wardens-steal-private-landowners-trail-camera-lawsuit-explodes
Perhaps a caution for those who store data on "the cloud".
Hat-tip CK up nort
We had a couple of SpyPoint game cameras on our other property. They came with WiFi so that I could access the pictures on my phone where ever I was. We were trying to catch a thief that had been plaguing our place.
ReplyDeleteAfter we sold the property, I sold those cameras and kept the original camera that can only be accessed by pulling the sim card and putting it into a USB adapter on my computer or phone.
Good way for federal agents to get shot. Keep poking the bear.
ReplyDeleteThis is a farm related comment... The Hard Red Winter Wheat crop is expected to be the lowest since1957, due to drought.
ReplyDeletesounds about normal for the regime in charge...
ReplyDeleteBe ashamed of Defendant Adams suffered a "tragic fatal accident".
ReplyDeleteMaybe we can tell Cankles Clinton Defendant Adams has incriminating evidence on her.
The 'cloud' is somebody else's computer. Never forget that.
ReplyDeleteDon't forget that game wardens usually claim that they don't need a search warrant, even to enter your house, so I'm not surprised one did this.
ReplyDeleteI've also known of game wardens to get focused on a single person and spend huge amounts of time trying to build a case against them for no apparent reason.
hmmm...I just checked my well-worn pocket copy of the Constitution and I don't see a "game warden" exception in the 4th Amendment...still looking......
DeleteIf you enter their radar, they will look for anything to get you. Unless your name is Hunter Biden.
ReplyDelete"After seizing Mr. Highlander’s camera, opening it, removing its storage card, and downloading photos from the card, Defendant Adams obtained a search warrant directed to Reveal by Tactacam—the company that made the camera and that hosts online photo storage for its customers—for any additional photos associated with Mr. Highlander’s camera." So this gives me some perspective on recent events. I received and email from Reveal/Tactacam a couple of weeks ago letting me know there was a software update "to improve picture quality". I noted it and figured maybe later. Received a phone call yesterday from Reveal/Tactacam, very nice lady telling about the update and encouraging me to download it, and even offered to help if I needed it. She immediately resent the link for me to access the download. So, they are willing to give up stored cloud photos to the brownshirts, and they are personally calling customers to encourage they do the update?? No thanks, now I need to consider ditching the cameras to at least eliminate that arm of privacy invasion. We are living in a failed state.
ReplyDeleteI would think the company just shot themselves in the foot. no more cloud storage for me although I have never been in favor it.
DeleteSounds like an incentive to boobytrap the cameras. After all, nobody but the owner should be accessing them, right?
ReplyDeleteUnfortunately, it is illegal to 'booby trap' things in many if not most places. Hell, laying in wait for someone to bust into your house with the intent to cause grevious bodily injury to the miscreant would probably bring charges.
Delete