Abstract
We are on the verge of a surveillance state. New technologies enable intrusions unimagined two decades ago. Our current culture voluntarily provides intimate personal details that are available to the world and to law enforcement. Current interpretations of Fourth Amendment privacy protections are failing to protect individuals from this brave new world. This Article describes the current state of technology, culture, and deficiencies in the law. We propose a specific test that can provide a workable approach to current and emerging intrusions. That test expands upon existing theories, like the mosaic theory and a reformation of the third-party doctrine, but also relies on the basic Fourth Amendment tenets to protect against unreasonable searches and a potential dragnet state. This Article considers how the test can apply to six intrusive technologies currently in use.
Recommended Citation
Mills, Jon L. and Bradley-Kenney, Caroline S.
(2023)
"Surveillance and Policing Today: Can Privacy and the Fourth Amendment Survive New Technology, Artificial Intelligence and a Culture of Intrusion?,"
University of Florida Journal of Law & Public Policy: Vol. 33:
Iss.
2, Article 2.
Available at:
https://scholarship.law.ufl.edu/jlpp/vol33/iss2/2