The government put a pole camera on a pole on defendant’s property but the pole was on an easement belonging to the utility company, and this was not a Jones trespass. United States v. Nowka, 2012 U.S. Dist. LEXIS 178025 (N.D. Ala. December 17, 2012)*:
The 50-foot right-of-way was dedicated, without restriction or reservation, to the public. Thus, although the use of the utility pole for surveillance purposes, as opposed to for the provision of utilities, is a change in kind that might support a theory of trespass if the dedication had been only for utilities, those simply are not the facts of this case. As the utility pole was on a publicly-dedicated space, and as the use of the pole was not shown to have been subject to any restriction, Nowka has failed to show any constitutional violation under his trespass theory.
Officers knew that a drug deal was going down with a guy named “D” in the vehicle. They didn’t need a name to have probable cause. United States v. Williams, 2012 U.S. Dist. LEXIS 177894 (D. Vt. December 17, 2012).*
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