United States v. Mesa-Rincon

The United States government began investigating Peter Scott Stoppe and Joaquin Emilio Mesa-Rincon (the counterfeiters) (defendants) for counterfeiting. The government sought a district-court order (which was granted) to use closed-circuit television to record the counterfeiters. The application explained that the counterfeiters had purchased printing materials and bond paper and were purportedly setting up a printing business in a warehouse-style building. The application also explained that other investigative techniques had been exhausted and that audio interception or a confidential informant were not likely to succeed in gathering the necessary evidence. The order authorizing the surveillance identified the counterfeiters by name, required the government to limit interception of activities unrelated to the alleged crime, and set a temporal limit of 30 days or when the crime was discovered. Officials recorded the counterfeiters counterfeiting but also observed highly personal acts of an unknown male unrelated to the investigation. The government eventually prosecuted the counterfeiters, relying on the video evidence. The counterfeiters sought to suppress the videos, which the district court denied. The counterfeiters appealed, arguing that the court had no authority to issue an order authorizing the use of closed-circuit television for surveillance.