Hiding in Plain Sight: A Fourth Amendment Framework for Analyzing Government Surveillance in Public
Levinson-Waldman, Rachel
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- 2021Commonwealth v. Richard Comenzo Mass. Super. Ct.
- 2020Whittington v. State Md. Ct. Spec. App.
- 2020Leaders of Beautiful Struggle v. Baltimore Police Department 4th Cir.
- 2019United States v. Moore-Bush D. Mass.
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Abstract
Over the last several decades, the range and capabilities of easily available technologies have expanded at an astonishing pace. The beeper gave way to the flip phone, which has largely been replaced by the ¿smartphone,¿ a mini-computer that fits in the palm of your hand and is more powerful than the desktop machine of the 1980s. Paper maps are increasingly rare, replaced by built-in Global Positioning System (GPS) devices or the ubiquitous smartphone. These and other technologies, which are valuable to civilians and law enforcement alike, also enable a granular view of citizens¿ movements and associations in public over long periods of time at a relatively cheap cost.
Where law enforcement is involved, these powerful new technologies also raise questions about how their use can be harmonized with the U.S. Constitution.