Advanced technologies (such as thermal imagers, GPS trackers, email messages, and smartphones) present unique challenges related to the Fourth Amendment. Discuss challenges faced by courts regarding searches and advanced technology
What will be an ideal response?
The courts must determine whether a search occurred when advanced technology is used. The different types of technology each represent their own issues. With thermal imaging, the courts had to decide if measuring heat from a house using technology not readily available to the public was a search. GPS tracking required determining if a search had occurred when placing a tracking device on a vehicle that would be entering a constitutionally protected space (private property). Regarding email, the courts had to decide whether email communication is private and deserving of constitutional protection. Finally, regarding smartphones, courts had to determine if text messages are protected by the Fourth Amendment.
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