FOURTH AMENDMENT IMPLICATIONS OF ELECTRONIC TRACKING DEVICES

• NCJ Number: 42678
• Journal: Cincinnati Law Review Volume: 46 Issue: 1 Dated: (1977) Pages: 243-253
• Author(s): T A MUETHING
• Date Published: 1977
• Length: 11 pages
• Corporate Author: University of Cincinnati Law Review
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE SURVEYS THE DEVELOPING FEDERAL LAW APPLICABLE TO THE USE OF ELECTRONIC LOCATION DEVICES AND DEALS SPECIFICALLY WITH WHETHER ATTACHMENT OF THESE DEVICES TO VEHICLES CONSTITUTES A 'SEARCH'.

Abstract

THE AUTHOR CONCLUDES THAT TO AVOID ABUSE WHICH WOULD RESULT FROM UNCONTROLLED USE OF ELECTRONIC MONITORING, ATTACHMENT OF A BEEPER TO A VEHICLE MUST BE CONSIDERED TO BE A SEARCH. HE MAINTAINS THAT THIS BEST BALANCES THE INDIVIDUAL'S NEED FOR PRIVACY WITH SOCIETY'S NEED FOR EFFECTIVE LAW ENFORCEMENT. THIS WOULD REQUIRE THAT GOVERNMENT AGENTS OBTAIN A WARRANT, AS THEY MUST IN EVERY OTHER SEARCH. A NEUTRAL MAGISTRATE, THEREFORE, RATHER THAN LAW ENFORCEMENT OFFICERS, WOULD DETERMINE THE BALANCE BETWEEN THE CONSTITUTIONAL PRESERVATIONS OF INDIVIDUAL PRIVACY AND METHODS OF LAW ENFORCEMENT....RCB