From [HERE] The Supreme Judicial Court (“SJC”) of Massachusetts announced that continuous, long-term pole camera surveillance targeting a residence is a search under article 14 of the Massachusetts Declaration of Rights.

Shortly after an undercover officer made a controlled drug purchase from Nelson Mora, investigators installed pole cameras (a video camera attached to a utility pole) in front of the houses of Mora and Randy Suarez. The cameras captured a portion of the front of each house and doorway, the sidewalk next to it, and the adjacent street.

The cameras recorded uninterruptedly, 24 hours per day, seven days per week. The cameras made video recordings but not audio. None had “night vision” capabilities nor could they view inside the residences. Investigators could remotely zoom in and angle the cameras in real time, permitting the officers to read the license plates on vehicles. The cameras recorded the comings and goings of all persons at the targeted residences. While the cameras were in operation, investigators could view the live footage with a web-based browser. The footage also was saved in a searchable format, permitting investigators to review particular previously-recorded events. The camera near Mora’s home captured 169 days of footage, and ...[MORE]