Invitee Did Not Violate Fourth Amendment By Using Hidden Spy Cam in Suspect’s Home

Warrantless, surreptitious videotaping inside a suspect’s home by an undercover government agent who was invited into the residence does not violate the Fourth Amendment, the U.S. Court of Appeals for the Ninth Circuit held Nov. 27 (United States v. Wahchumwah, 9th Cir., No. 11-30101).

A person has no reasonable expectation that an invitee will not record what he or she sees in a residence, the court reasoned. Whether the informer uses a device that records audio or one that records both audio and video is not “constitutionally relevant,” it added.

‘Buttonhole’ Spy Cam.

After receiving reports that the ...