skip navigation


Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.


NCJ Number: 120140 Find in a Library
Title: Technology and the Fourth Amendment: A Proposed Formulation for Visual Searches
Journal: Journal of Criminal Law and Criminology  Volume:80  Issue:1  Dated:(Spring 1989)  Pages:1-113
Author(s): R C Power
Date Published: 1989
Page Count: 113
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article examines search and seizure issues related to visual observations by law enforcement devices such as binoculars or telescopes.
Abstract: While the Supreme Court has not ruled directly on the use of enhancement devices, lower courts have considered their use, but have produced no consistent results, even though they all claim to be following Katz v. United States. The article analyzes the premises of Katz and the ways courts have applied its teaching to visual surveillance cases, focusing on inconsistent outcomes resulting from judges' varied attitudes about privacy and the meaning of Katz. The article proposes an analytical model for visual searches based on four general norms and argues that adoption of the norms would protect people from many intrusive surveillance practices without depriving the government of the reasonable use of modern technology for law enforcement purposes. 351 footnotes.
Main Term(s): Search and seizure laws
Index Term(s): Police equipment; Right of privacy; Surveillance equipment
To cite this abstract, use the following link:

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.