The Fourth Amendment and Surveillance in the Public Square: The
Ability to Track a Person's Movement Using GPS
April 18, 2012
Kasowitz Benson Torres & Friedman LLP
New York, NY 10019
Amendment IV: The right of the people to be secure in their
persons, houses, papers,
and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue,
but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the
persons or things to be seized.
The panel co-chaired by Paul J. Mahoney, Assistant Deputy Attorney
General, and David Weild, will present in a series of vignettes,
provocative contemporary situations where the use of electronic
means or official procedures have been asserted to violate the 4th
Amendment for analysis in light of recent --- and not so recent ---
Supreme Court decisions. They will demonstrate some of the
applicable technologies with examples of actual contemporary
surveillance methods, custody procedures, auditing of cell phone
records, airport security methods, and the role of social media.
Does the individual have a right of privacy? If so, when can that
right be invaded?
CLE Hours: 1.50