The Supreme Court of New Mexico ruled in State v. Davis that the Fourth Amendment prohibits the warrantless aerial surveillance of, and interference with, a person's private property. Specifically, the court found that "prolonged hovering close enough to the ground to cause interference with Davis' property transformed this surveillance from a lawful observation of an area left open to public view to an unconstitutional intrusion into Davis' expectation of privacy." EPIC filed a friend of the court brief and presented oral argument before the Court. EPIC said that aerial surveillance threatens privacy and property interests and that surveillance in the airspace close to a home violates the Fourth Amendment. The New Mexico Supreme Court agreed. EPIC frequently amicus briefs on emerging privacy and civil liberties issues.
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