CAUGHT HOLDING THE BAG: CONSTITUTIONAL LIMITS ON LIVE VIDEO SURVEILLANCE

55 Am. Crim. L. Rev. Online 1

Joseph Lanuti* 

This article addresses the novel situation that has arisen with the advent of new technology: whether law enforcement may legally inspect your bag (or other personal belongings) with live surveillance technology in a public area, particularly when no one else is nearby. The United States Supreme Court has clearly held that police may not physically open and examine the contents of a container absent a particularized warrant.  But what are the privacy expectations for the visual examination of the effects we carry, such as purses, backpacks, briefcases, duffel bags, etcetera? How might these expectations be changing with the advent of new technology and methods of surveillance? 

Download full content.