New Technologies in Search and Seizure

The Fourth Amendment and court cases interpreting it provide guidelines for how law enforcement should legally approach searching for and taking evidence in criminal investigations. Though it originally applied to physical intrusion by law enforcement, current—and likely future—intrusions are more v...

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Bibliographic Details
Published in:Annual review of law and social science 2024-10, Vol.20 (1), p.387-405
Main Authors: Brank, Eve M, Groscup, Jennifer L, Sircy, Kayla R
Format: Article
Language:English
Subjects:
Fourth Amendment
search and seizure
technology
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Summary:The Fourth Amendment and court cases interpreting it provide guidelines for how law enforcement should legally approach searching for and taking evidence in criminal investigations. Though it originally applied to physical intrusion by law enforcement, current—and likely future—intrusions are more virtual in nature. Law enforcement officers no longer need to walk onto someone's property to search for criminal activity because various technologies now provide similar or more in-depth information. Technological innovations have stretched the bounds of the Fourth Amendment. Although public opinion cannot answer the policy implications, it can speak to what the public reasonably expects of the police. In general, limited research demonstrates that the public has concerns about the way law enforcement officers can use technology in their investigations, but those concerns are not strong enough to decrease individuals’ technology use.
ISSN:1550-3585
1550-3631
DOI:10.1146/annurev-lawsocsci-042022-112215