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- Title
NEW AGE TRACKING TECHNOLOGIES IN THE POST-UNITED STATES V. JONES ENVIRONMENT: THE NEED FOR MODEL LEGISLATION.
- Authors
MILLER, JORDAN
- Abstract
Since the 1980's, police have used tracking technologies to obtain valuable investigatory information on the movements of criminal suspects. Recent developments in GPS technology and the ongoing emergence of drone-based tracking technology allow for constant, twenty-four hour, seven-day-a-week surveillance of individuals, providing pinpoint accuracy of their every movement. This intimate level of data collection, when obtained without a warrant, pushes Fourth Amendment reasonable search principles to the limit. In the recent case of United States v. Jones (2012), two dueling theories, property rights and Katz's reasonable expectation of privacy, were advanced for testing the reasonableness of tracking searches. The narrower property rights theory prevailed in Jones, but did so with four Justices openly favoring the Katz test and a fifth Justice suggesting that, in a future case not involving property rights, she would also apply the Katz test. This Article examines how Jones has been implemented by lower courts and looks at both theories as they apply to existing technologies and technologies currently in development, highlighting the weaknesses and strengths of the Jones ruling. Based on this analysis, the Article concludes that the Katz reasonableness test is better prepared to handle the stress placed on privacy and the Fourth Amendment protection against unreasonable searches posed by new age technology. From this conclusion, the Article proposes a comprehensive model legislative solution, based on the analysis of Jones and existing state statutes, to regulate police use of tracking technology and to establish a warrant process for tracking searches.
- Subjects
UNITED States; TECHNOLOGY &; law; UNITED States v. Jones; ELECTRONIC surveillance; POLICE; CRIMINAL investigation; CRIME suspects; GLOBAL Positioning System; RIGHT of privacy; HISTORY; ACTIONS &; defenses (Law); ELECTRONIC surveillance laws; LAW; STATUS (Law)
- Publication
Creighton Law Review, 2015, Vol 48, Issue 3, p553
- ISSN
0011-1155
- Publication type
Article