NCJ Number
134617
Journal
University of Chicago Law Review Volume: 58 Issue: 3 Dated: (Fall 1991) Pages: 1015-1077
Date Published
1991
Length
63 pages
Annotation
While governmental use of electronic visual surveillance (EVS) threatens the constitutional right to privacy, EVS is not subject to any Federal statutory control. Courts hold law enforcement officers who use EVS to the standards of the fourth amendment, but have yet to apply the strict standards that govern audio surveillance.
Abstract
This article surveys the EVS technology available to government agencies and reviews the framework of Supreme Court jurisprudence relevant to surveillance issues in terms of warrant requirements and the reasonableness inquiry. The application of fourth amendment analysis to EVS by lower courts is examined. This author argues that the lower courts have misapplied fourth amendment law, allowing EVS that fails constitutional warrant requirements and reasonableness standards. The author then proposes new standards for EVS that will enable law enforcement officers to use this technology in criminal apprehension while also protecting fourth amendment rights.