911 F. Supp. 2d 836
D. Ariz.2012Background
- DEA investigated Jamaican DTO alleged to package marijuana for distribution.
- Surveillance targeted the Scottsdale Apartment where McKinney was a leaseholder; packing supplies and heat runs aroused suspicion.
- Pole camera was installed June 16, 2011 on the Jobing.com Arena to monitor Glendale Apartment activities.
- Camera footage allegedly showed bales of marijuana, packing materials, and people moving items in/out of Glendale Apartment.
- Law enforcement observed suspect movements, including a silver Buick linked to the defendant, via the pole camera.
- Afterward, arrests occurred at the Highland Apartment; a handgun was found in the defendant’s silver Buick; warrants were executed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pole camera surveillance violated the Fourth Amendment. | Brooks; surveillance violated privacy protections. | Brooks; no violation; public-view observations and arena-permission justify. | No Fourth Amendment violation; warrant not required. |
| Whether Jones dictates suppression for long-term electronic surveillance. | Jones supports suppression due to privacy expectations. | Jones does not control; mosaic theory not adopted for pole camera. | Jones does not dictate result; analysis under reasonable expectation of privacy applies. |
| Whether arena security permission legitimizes pole camera installation and monitoring. | Lack of permission undermines legality. | Permission from arena security establishes lawful installation and monitoring. | Permission validated; surveillance lawful. |
Key Cases Cited
- Patel v. City of Los Angeles, 686 F.3d 1085 (9th Cir. 2012) ( Fourth Amendment reasonable expectation framework; privacy analysis applied)
- United States v. Jones, 565 U.S. 400 (2012) (GPS trespass deemed a search; majority split on privacy rationale)
- United States v. Mclver, 186 F.3d 1119 (9th Cir. 1999) (photographic surveillance not a violation where visible from public vantage)
- California v. Ciraolo, 476 U.S. 207 (1986) (public visibility doctrine; what is exposed to public inspection not protected)
- Florida v. Riley, 488 U.S. 445 (1989) (police can observe from public vantage point with right to be there)