# United States v. Miguel Angel Taborda

> Court of Appeals for the Second Circuit · November 24, 1980 · 635 F.2d 131

URL: https://www.frixlaw.com/law-library/cases/9467283

## Case

- **Full name:** UNITED STATES of America, Appellant, v. Miguel Angel TABORDA, Appellee
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** November 24, 1980
- **Citations:** 635 F.2d 131; 1980 U.S. App. LEXIS 11995
- **Precedential status:** Published
- **Opinion:** Dissent by Dumbauld
- **Judges:** Newman, Kearse, Dumbauld
- **Cited by:** 95 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9467283

## How later opinions describe it (automated extraction)

- noting that a purely subjective test would permit "the government by edict or by known systematic practice to condition the expectations of the populace in such a way that no one would have any real hope of privacy"
- holding that officers’ 21 warrantless use of a telescope to observe objects and activities within a home violated the Fourth Amendment
- holding that telescopic observation of the home "impair[s] a legitimate expectation of privacy"

## Opinion text

DUMBAULD, Senior District Judge,
dissenting:
In my judgment there can be no reasonable expectation of privacy with respect to what can be seen by means of a long -familiar and generally used optical instrument.
I would reverse simpliciter.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9467283. Public record. Not legal advice.