On November 18, 2022, the ACLU and ACLU of Massachusetts, with the law firms of Thompson & Thompson, P.C. and Elkins, Auer, Rudof & Schiff, filed a petition asking the U.S. Supreme Court to take up the question whether long-term police use of a surveillance camera targeted at a person’s home is a Fourth Amendment search.

This case concerns whether the government may surreptitiously record the activities around a person’s home using a remotely operated, pole-mounted video camera for an extended period of time without a warrant. On September 13, 2021, the Colorado Supreme Court held that the Fourth Amendment protects against such surveillance and requires that police obtain a warrant.