fourth-amendment
Do photos violate the 4th amendment?
<p>Can a municipal worker photograph over a privacy fence when given permission to enter an adjacent property without violation 4th amendment?</p>

<h2>Maybe and Yes respectively</h2>

<p>The relevant legal principle is if the photographs constitute a 'search' within the meaning of the 4th amendment. If they violate the <a href="https://en.wikipedia.org/wiki/Expectation_of_privacy" rel="nofollow noreferrer">expectation of privacy</a> they are a 'search' and must therefore be reasonable; if they don't they are not a 'search' and their reasonableness is irrelevant.</p>

<p>In <a href="https://en.wikipedia.org/wiki/Florida_v._Riley" rel="nofollow noreferrer">Florida v Riley</a> 488 U.S. 445 (1989) the Supreme Court held that observing someone's property from a helicopter is not a 'search'. If that's not a search then looking over a fence isn't either.</p>
