Is silent video surveillance regulated by statute or is it subject to the Fourth Amendment?

Although domestic silent video surveillance is not regulated by statute, it is of course subject to the Fourth Amendment. See Torres, 751 F.2d at 882. Although the district court did not pass on the Fourth Amendment issue in this case, we address it nonetheless because it is a purely legal issue, and in the interest of judicial economy. See Badea v. Cox, 931 F.2d 573, 575 n. 2 (9th Cir.1991) (recognizing that this court has the "power" to decide, and that "[t]here may well be valid reasons for" deciding, "ab initio issues that the district court has not had an opportunity to consider[, the parties have not briefed] and that present questions of first impression in our circuit"). We proceed to describe the Constitutional requirements

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