Orin Kerr always provides foods for thought. In another blog post yesterday, he writes:
Two Justices of the Montana Supreme Court think so, based on a special concurrence in Montana State Fund v. Simms (February 1, 2012). Justice Nelson (joined by Justice Wheat) suggests that under United States v. Jones, the Fourth Amendment limits the government’s ability to videotape people in public to determine if they are engaged in worker’s compensation fraud.
Read more on The Volokh Conspiracy.