preview

The Impact Of Technological Surveillance On Human Surveillance

Good Essays
Society is a living breathing organism, one that constantly pushes for constant advancements in everything. This could be through medicine, social skills, physical ability, and even technological advances. Specifically for the application of law and a person’s right to privacy technological advances in surveillance will be analyzed. Whitebread, and Slobogin (2014) give a good working definition of what technological surveillance is and what is covers. “Technological surveillance,… is meant to encompass a wide variety of techniques that enhance the ability to ease drop or spy on the activities of others” (Whitebread and Slobogin, 2004, p. 134,)There are many forms of technological surveillance, example will be show through case law. As new…show more content…
Therefore, when the case made it to the Supreme Court, their decision was that the defendant’s fourth amendment rights had not been violated. This was held on the standing at that at that time, on whether or not there had been a physical trespass onto the defendant’s property. Without a physical cross over onto the defendants property then it was not considered a trespass. This went along with the trespass doctrine. Later on in Silverman v. United States (1961) there had been a violation of the trespass doctrine. The evidence seized were incriminating conversations and nothing tangible. Nonetheless, the ruling stood on the grounds that since the spike mike broke the barrier of the wall on the defendant’s property it did violate the trespassed trespass doctrine. In a similar manner, yet still different, another issues comes up when considering the trespass doctrine. In On Lee v. United States (1952), the issues that arises is if the defendant’s fourth amendment right has been violated. Specifically, if the consent to enter the property given by the owner still violates the trespass doctrine when the undercover agent is wearing a body bug. The decision was that there was no violation on fourth amendment search in seizure in the basis that the consent given to enter made the surveillance legal. The justification is that the federal agent was an actual participant and not planted, which would be defined as a physical invasion (Whitebread and Slobogin,
Get Access