Share on LinkedInShare on LinkedIn

ARTICLE · 21 SEPTEMBER 2021

Fourth Circuit Changes Course: Directs Preliminary Injunction To Prohibit Baltimore Police Department's Access To Aircraft-Based Surveillance Program Data

The Fourth Circuit, sitting en banc, recently overturned a previously upheld denial of a preliminary injunction seeking to prohibit the Baltimore Police Department's ("BPD")...

United StatesTransport

The Fourth Circuit, sitting en banc, recently overturned a previously upheld denial1 of a preliminary injunction seeking to prohibit the Baltimore Police Department's (“BPD”) new aircraft-based surveillance program (“AIR”).  AIR used small planes to provide aerial observation of 90% of the city and used that data to track individuals and suspects in the vicinity of a violent crime.  The program was implemented in 2016 without informing the public.  The program's pilot period ended in October 2020, but the BPD continued to analyze AIR data through December 2020.

Plaintiffs sought a preliminary injunction in April 2020, alleging constitutional violations under the First and Fourth Amendments. Plaintiffs based the right to injunctive relief on infringement of the public's reasonable expectation of privacy and the alleged chilling effect the AIR system would have on public association.  To succeed, plaintiffs had to demonstrate (1) they were likely to succeed on the

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from