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It’s tough to see how a court would rule. Existing privacy law cares a lot about whether what you’re doing is some kind of trespass. In this case, it would be trespass on chattel. I wouldn’t have guessed that a court would accept this reasoning for property in a public space, but that’s happened this year in Taylor v. Saginaw, the tire chalking case. The stingray is eventually going to go to SCOTUS and I’m not sure how they’ll rule. Modern conservatives don’t like trespass, but they do like law enforcement.


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