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
1633 Broadway
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