Sheriff Says No Warrant Needed For Spy Cameras

[patric]

Rogers County Commissioner says sheriff abused power, planted camera on private property


ROGERS COUNTY, Okla. - An abuse of power.  That's what a Rogers County commissioner called actions by the sheriff, who admits he put an undercover camera on the commissioner's property.

2NEWS investigator Marla Carter spoke with Sheriff Scott Walton and County Commissioner Kirt Thacker about the allegations.

Thacker owns about 400 acres of land.  It's where he raises livestock. One day he said he noticed something silver tied to one of his trees.  It turns out it was a chain attached to a $400 camera hidden in burlap.

Walton admitted his office placed the camera there despite a "no-trespassing" sign on the property.

The sheriff said Thacker was using county equipment for a pond on his property.  Thacker said it was part of a flood mitigation plan for the county and the Oklahoma State Bureau of Investigation cleared him of any wrong-doing.

"When I asked if he had a warrant to enter private property that's clearly marked with 'no trespassing' signs, he told me he didn't have a warrant and he didn't need one," said Thacker.

Walton says a warrant wasn't necessary. "There's no need for a search warrant.  It's not intrusive of anybody's privacy.  It doesn't violate the fourth amendment or any other."

[DolfanBob]

Even as a Tulsa Cop. He came across as above the Law type guy.

[cannon_fodder]

RIP 4th Amendment

So an actual Sheriff doesn't think a warrant is needed to enter private property and install spy equiptment in the form of video surveillance? Small government indeed.  The man should he thrown out of office immediately.  If I were the land owner, the camera would now belong to me, just as a bonus.

[Townsend]

[Hoss]

I bet him and Smoot have a bromance going...

[DolfanBob]

I bet him and Smoot have a bromance going...

Kind of a Big Enos, Little Enos thing.

[heironymouspasparagus]

RIP 4th Amendment

So an actual Sheriff doesn't think a warrant is needed to enter private property and install spy equiptment in the form of video surveillance? Small government indeed.  The man should he thrown out of office immediately.  If I were the land owner, the camera would now belong to me, just as a bonus.

I thought you are a lawyer....??   You don't really believe all that stuff they taught you in elementary through high school, do you - in particular the social studies, government, and history parts??

[patric]

'In the Fourth Amendment of the Constitution there's a "reasonable expectation of privacy," but a U.S. Supreme Court case ruled there's "no expectation of privacy" with "open fields."
The Oklahoma Bureau of Narcotics backs what Walton said. One of their attorneys told FOX23 that using surveillance in open fields is an exception and can be done without a warrant.'
http://www.fox23.com/news/local/story/County-commissioner-accuses-Rogers-County-Sheriff/7CONkcwC70mQ6h_vcdANKw.cspx

Maybe a real attorney can chime in on that rather nebulous interpretation?

[heironymouspasparagus]

'In the Fourth Amendment of the Constitution there's a "reasonable expectation of privacy," but a U.S. Supreme Court case ruled there's "no expectation of privacy" with "open fields."
The Oklahoma Bureau of Narcotics backs what Walton said. One of their attorneys told FOX23 that using surveillance in open fields is an exception and can be done without a warrant.'
http://www.fox23.com/news/local/story/County-commissioner-accuses-Rogers-County-Sheriff/7CONkcwC70mQ6h_vcdANKw.cspx

Maybe a real attorney can chime in on that rather nebulous interpretation?

Seems like committing a criminal act - trespassing - would kind of eliminate the argument about "open fields".  Maybe not....

(Breaking the law to enforce the law...stupid argument.)

[cannon_fodder]

You can fly over an open field and look.  Just like they could peer over my fence or look through my open front door. They went way over that line.

Of course, as I said, the 4th amendment is all but dead anyway.  Cops can cause a circumstance requiring them to enterba premises... And then enter without a warrant.  They can pull a person over for any manufactured traffic stop, not issue a citation, but use the stop as cause to search.  They can "smell marijuana" and search a house, find no marijuana, and do the same thing over and over until they find something in the house.

The police really do view the 4th Amendment as an obstacle to he overcome.  They see the 1st Amendment as a dangerous nuisance in the hands of the public.  And the 5th is just a sign you are guilty.

Submit.

[heironymouspasparagus]

You can fly over an open field and look.  Just like they could peer over my fence or look through my open front door. They went way over that line.

Of course, as I said, the 4th amendment is all but dead anyway.  Cops can cause a circumstance requiring them to enterba premises... And then enter without a warrant.  They can pull a person over for any manufactured traffic stop, not issue a citation, but use the stop as cause to search.  They can "smell marijuana" and search a house, find no marijuana, and do the same thing over and over until they find something in the house.

The police really do view the 4th Amendment as an obstacle to he overcome.  They see the 1st Amendment as a dangerous nuisance in the hands of the public.  And the 5th is just a sign you are guilty.

Submit.

Just like the rest of the government at large.

[patric]

You can fly over an open field and look.  Just like they could peer over my fence or look through my open front door. They went way over that line.
Of course, as I said, the 4th amendment is all but dead anyway.  Cops can cause a circumstance requiring them to enterba premises... And then enter without a warrant.  They can pull a person over for any manufactured traffic stop, not issue a citation, but use the stop as cause to search.  They can "smell marijuana" and search a house, find no marijuana, and do the same thing over and over until they find something in the house.
The police really do view the 4th Amendment as an obstacle to he overcome.  They see the 1st Amendment as a dangerous nuisance in the hands of the public.  And the 5th is just a sign you are guilty.
Submit.

http://www.fox23.com/mediacenter/local.aspx?videoid=5168520

I always loved the so-called "drug dogs."  We arent searching, just letting a dog sniff around until he "tells" us we can search.