New Technologies in Search and Seizure

By Eve M. Brank, Jennifer L. Groscup, and Kayla R. Sircy

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  

Annual Review of Law and Social Science Vol. 20:387-405, October 2024)