This article surveys the EVS technology available to government agencies and reviews the framework of Supreme Court jurisprudence relevant to surveillance issues in terms of warrant requirements and the reasonableness inquiry. The application of fourth amendment analysis to EVS by lower courts is examined. This author argues that the lower courts have misapplied fourth amendment law, allowing EVS that fails constitutional warrant requirements and reasonableness standards. The author then proposes new standards for EVS that will enable law enforcement officers to use this technology in criminal apprehension while also protecting fourth amendment rights.