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Fourth Circuit: Long-Term Aerial Surveillance That Reveals ‘Whole of Individuals’ Movements’ Constitutes Search Without a Warrant, Violates Fourth Amendment

by Douglas Ankney

On rehearing en banc, the U.S. Court of Appeals for the Fourth Circuit concluded that the Aerial Investigation Research (“AIR”) program—a first of its kind aerial surveillance initiative—enabled police to deduce the whole of individuals’ movements. Therefore, accessing its data is a search, and its warrantless ...

 

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