An ACLU lawyer hammered away at Baltimore’s surveillance plane program in a federal appeals court, calling it an unconstitutional violation of privacy, buttwo of the three judges who listened appeared mostly unconvinced.

Senior ACLU attorney Brett MaxKaufman argued that the planes – flying since May, mounted with an array of cameras recording vast swaths of the city below – must be be stopped immediately because the program violates the Fourth Amendment’s prohibition against “unreasonable searches.”

“Society does not reasonably expect that government cameras in the sky will record the whereabouts of an entire city population, second-by-second, for 12 hours a day over 180 days,”Kaufman said yesterday, during arguments in teleconferenced oral arguments before a three-judge panel of the U.S. Court of Appeals in Richmond.

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