Hourly Update

Aerial search for filthy pools raising privacy concerns

MESA - Maricopa County Sheriff Joe Arpaio wants to have his air posse search for filthy pools to combat the spread of the West Nile virus. But the County Attorney's Office says randomly peering into someone's back yard without prior indication that there is a mosquito problem raises concerns about privacy rights. "We hope the posse members conducting surveillance will be sensitive to the privacy issue," said Barrett Lotstein, special assistant county attorney. "Peeping on them from the sky might be disconcerting to some." Arpaio, who launched the operation Thursday, said he wants to take a proactive approach to the deadly virus before the season begins. Once green pools are spotted from the air, ground patrol posse members will identify the residences and forward the information to the county's environmental services department. If the pool violates the county health code, the homeowner can face a misdemeanor charge, which carries up to a $500 fine or 30 days in jail. Sheriff's spokesman Jack MacIntyre said Arpaio does not need permission from the County Attorney's Office to protect the health interests of county residents. "Our personnel is perfectly capable of balancing the privacy interests of individuals with the serious threat to public health that exists with the threat of a West Nile virus outbreak," MacIntyre said. "The county attorney's office concedes that nothing in this plan is illegal."