"Intimate details": A troubling new fourth amendment standard for government surveillance techniques

Duke Law Journal

Volumn 46, Issue 3, 1996, Pages 575-

  Bernstein, Merrick D ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0041720880     PISSN: 00127086     EISSN: None     Source Type: Journal    
DOI: 10.2307/1372942     Document Type: Article

References (6)

1. See, e.g., Janice Fioravante, Night Sight, INVESTOR'S BUSINESS DAILY, Feb. 26, 1995, at A6 ("[Night vision] technology is gaining acceptance in public safety applications such as law enforcement, drug interdiction, search and rescue, as well as industrial markets.").
2. See Anna-Maria Goossens, New Security Solution in Works, DAILY HAMPSHIRE GAZETTE, July 27, 1996, at 9 (describing recent surveillance technology capable of "reading" electromagnetic radiation).
3. See Max Glaskin, Detector Frisks From a Distance, SUNDAY TIMES (London), Feb. 26, 1995 ("[T]he new [thermal imaging] device does not need to bathe the subject in radiation so anyone, anywhere can be 'frisked' unknowingly, either by a fixed machine or one held by hand . . . . The technology even has the ability to penetrate many common building materials and allow remote observation of people within a room."); Earl Lane, High-Tech Weapons For Cops, NEWSDAY, Aug. 2, 1994, at B25 (describing other high-technology equipment being employed by local police forces, including "smart guns" that will not fire for unauthorized users; "sniffers" that detect the presence of bullets in a building; automated booking stations to process arrestees; computerized criminal history systems; and acoustic sensors that rapidly detect, recognize and pinpoint the location of gunfire).
4. See Max Glaskin, Detector Frisks From a Distance, SUNDAY TIMES (London), Feb. 26, 1995 ("[T]he new [thermal imaging] device does not need to bathe the subject in radiation so anyone, anywhere can be 'frisked' unknowingly, either by a fixed machine or one held by hand . . . . The technology even has the ability to penetrate many common building materials and allow remote observation of people within a room."); Earl Lane, High-Tech Weapons For Cops, NEWSDAY, Aug. 2, 1994, at B25 (describing other high-technology equipment being employed by local police forces, including "smart guns" that will not fire for unauthorized users; "sniffers" that detect the presence of bullets in a building; automated booking stations to process arrestees; computerized criminal history systems; and acoustic sensors that rapidly detect, recognize and pinpoint the location of gunfire).
5. See, e.g., United States v. Myers, 46 F.3d 668 (7th Cir.), cert. denied, 116 S. Ct. 213 (1995). However, when government conduct constitutes a "search" within the Fourth Amendment, "[t]he Supreme Court has long expressed a strong preference for searches made pursuant to a search warrant, and on occasion has even asserted 'that the police must, whenever practicable, obtain advance judicial approval of searches and seizures.'"
6. YALE KAMISAR ET AL., MODERN CRIMINAL PROCEDURE 224 (8th ed. 1994) (citations omitted).