Pole-Camera Evidence Can Be Used Against Alleged Gun Runners

Evidence from a pole camera posted by federal law enforcement outside the house of alleged gun runners for eight months can be used against them, although the First Circuit was divided on why.

The US Court of Appeals for the First Circuit unanimously reversed a district court order granting Daphne Moore and Nia Bush-Moore’s motion to suppress the video evidence. But two concurring opinions used different reasoning to reach that conclusion.

The first concurrence by Chief Judge David J. Barron and Judges O. Rogeriee Thompson and William J. Kayatta Jr. said that the warrantless use of the camera violated the ...