Abstract
In this essay, I contend that when evaluating the constitutionality of enhanced surveillance devices, the existing test for assessing the occurrence of a Fourth Amendment search should be modified. Specifically, I suggest that intrusiveness should be unambiguously adopted by the Court as the benchmark for assessing and defining the existence of a search under the Fourth Amendment. Moreover, intrusiveness should be clearly defined to require an examination of two factors: the functionality of a challenged form of surveillance and the potential for disclosure created by the device.
Recommended Citation
Renée M. Hutchins,
The Anatomy of a Search: Intrusiveness and the Fourth Amendment,
44
U. Rich. L. Rev.
1185
(2010).
Available at:
https://scholarship.richmond.edu/lawreview/vol44/iss4/3
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