Discussion Post 1
TWO: Can the government, without a search warrant, fly a drone around your property as long as they abide by the legal limits of flight – not going too low or too high? Can they take pictures of your property using the drone without a warrant?
The simple answer is yes, they can.
The Government has a long-standing position when it comes to aerial photography, low-altitude and high-altitude flight surveillance. Since the attacks of 9/11, the Government has enacted and has utilized the Freedom of Information Act as a means to monitor suspected criminal and terrorist activities within the U.S. The Supreme Court has upheld several decisions involving the Government and warrantless searched based on the circumstances of the evidence obtained and whether or not the information obtained (or the means by which it was obtained) violated the 4th Amendment.
For example, in Dow Chemical Co. v. United States, 476 US 227, the Supreme Court determined that high-altitude photography of a chemical plant was not a search under the 4th Amendment. The Court concluded that there was no way for the photos taken at that altitude to discern any activity within the chemical plant itself.
In the case of California v. Ciraolo, 476 US 207, determined that photographs of a residential backyard and garden taken at low-altitude were not a violation of the 4th Amendment. By conducting activities in the backyard and within the view of neighbors and passersby the homeowner could not have any expectation of privacy. Thus, the photos which showed the homeowner’s garden and the marijuana they were growing was admissible into evidence.
Discussion Post 2
QUESTION FOUR: Can the government without a warrant go to your bank and get your private bank records?
The Government cannot access your bank records without a warrant. They can obtain a warrant under certain circumstances and thus obtain the records without your knowledge, but they still need a warrant to access the records.
Prior to 1978, the federal Government established that individuals had no expectation of privacy to their financial records when they operated through a banking institution, because the records in essence belonged to the institution, not the customer. However, in 1978 the Right to Financial Privacy Act was enacted and created a veil which now requires a warrant to pierce.
Today, the law enforcement must follow specific procedures when requesting bank records. They must detail the reason for the records and the suspicious criminal activity they believe these records will uncover. Alternatively, if the banking institution believes the customers finances are obtained via illegal means, they can alert law enforcement and thus creating a reason to obtain the warrant for the records.
