In this criminal case, the government installed a pole camera overlooking a defendant's front yard and secretly recorded for more than a month. A federal judge invited EFF to participate as an amicus in the case and in two amicus briefs, EFF argued that prolonged video surveillance of a person's home violates the Fourth Amendment's protections against unreasonable searches and that the government needed to disclose the technical details of the surveillance equipment used.
The court ultimately agreed with Vargas and EFF, found the video surveillance unconstitutional and suppressed all the video evidence and any other evidence derived from it. The government appealed that decision to the Ninth Circuit Court of Appeals and EFF agreed to Mr. Vargas directly on appeal. Shortly before it's opening appeal was due, the government dismissed the appeal and the criminal case.