Abstract
This Note examines a brief history of Fourth Amendment search doctrine in Part II, pointing out that the Court seems to implicitly recognize the limitations of the Katz test by considering factors external to an individual's and/or society's expectations of privacy. Part III examines the Court's most recent application of Fourth Amendment search doctrine in a case of high-tech surveillance: Kyllo v. United States. Part IV suggests a Technologically-Advanced Device Standard which resolves many conflicts, both potential and real, with current Fourth Amendment jurisprudence and technology. Finally, Part V concludes with an application of the proposed Standard and illustrates the Standard in a situation involving pre-warrant surveillance.
How to Cite
44 Ariz. L. Rev. 967 (2002)
2
Views
1
Downloads