Publication Date
5-7-2026
Document Type
Casenote
Abstract
What does “search” mean? Defining the word seems simple enough, yet, courts have struggled to provide a consistent answer under Fourth Amendment jurisprudence. This difficulty has only been exacerbated by rapidly advancing technological innovations in the field of surveillance. Specifically, courts across the country are split on whether long-term surveillance of an individual’s home via a pole camera is considered a search under the Fourth Amendment.
In United States v. Gregory, the United States Court of Appeals for the Eleventh Circuit addressed this issue head on, holding that surveillance of this kind is not considered a search under the Fourth Amendment because the individual lacked a reasonable expectation of privacy in the areas being recorded. Although this decision aligns with most other circuits that have addressed this question, the Eleventh Circuit seemingly turned down the opportunity to utilize the factors created by the Supreme Court of the United States in Carpenter v. United States that could protect the Fourth Amendment rights of individuals while in and around their home. In doing so, the Eleventh Circuit has chosen a path that increases the unchecked authority of law enforcement, while simultaneously reducing the scope of Fourth Amendment protections.
Recommended Citation
Roberts, John T.
(2026)
"Eye in the Sky: The Eleventh Circuit Allows Warrantless Surveillance of the Home via Pole Cameras in United States v. Gregory,"
Mercer Law Review: Vol. 77:
No.
4, Article 16.
Available at:
https://digitalcommons.law.mercer.edu/jour_mlr/vol77/iss4/16