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Technology-Enhanced Surveillance by Law Enforcement Officials

Technology-Enhanced Surveillance by Law Enforcement Officials

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Categories:Types, Research, Law
Published by: AxXiom on Feb 06, 2010
Copyright:Attribution Non-commercial

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07/12/2013

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Technology-Enhanced Surveillance by Law Enforcement Officials
 Ric Simmons
Forthcoming, Annual Survey of American Law (2004)
 
Public Law and Legal TheoryWorking Paper SeriesNo. 10
Center for Law, Policy and Social ScienceWorking Paper SeriesNo. 7
 May 2004
This paper can be downloaded without charge from theSocial Science Research Network Electronic Paper Collection:http://ssrn.com/abstract=539704
 
Technology-Enhanced Surveillance by Law Enforcement Officials
Ric Simmons
Abstract
Over the past thirty years, new surveillance technologies have provided law enforcement officials with valuable tools in investigating and prosecutingcrime, but have also unavoidably raised questions about the need to protectFourth Amendment rights and privacy generally. This commentary gives ageneral overview of the different areas in which law enforcement has beenusing these technologies.The commentary divides surveillance technology into three roughcategories: virtual surveillance (technologies such as thermal imagers that areused to gather information in ways that may or may not be a search), “hyper-intrusive searches” (technologies such as wiretaps that gather extraordinarily personal or private information and thus require extra restrictions on their use),and high volume collection (technologies such as facial recognition that collectmassive amounts of data from various sources, and subsequently sift throughthe information to find the tiny percentage that is relevant to law enforcement).The commentary reviews and evaluates the various constitutional rules and restrictions that have been placed on these different types of surveillancetechnologies.
 
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 Technology-Enhanced Surveillance by Law Enforcement Officials
Ric Simmons
*
 I. IntroductionII. Virtual Surveillance—When is it a Search?A. The
Katz
standard B. Applying
Katz
to Emerging Technologies1. Satellite Imagery2. “See-Through” DevicesC. Ramifications of the Doctrine for “Binary Surveillance” of Protected AreasD. Unfinished Business: The Dubious Rationale of 
Smith v. Maryland 
 III. Gathering Information--Hyper-Intrusive SearchesA. Title III’s standard B. Covert video surveillance and the “constitutionalization” of Title IIIIII. Collecting and Manipulating DataA. Homing DevicesB. Facial Recognition TechnologyC. CarnivoreIV. Conclusion
*
Assistant Professor, Moritz College of Law, The Ohio State University.
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