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Police surveillance of cell phone location data: Supreme Court versus public opinion
Author(s) -
Marshall Emma W.,
Groscup Jennifer L.,
Brank Eve M.,
Perez Analay,
Hoetger Lori A.
Publication year - 2019
Publication title -
behavioral sciences and the law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.649
H-Index - 74
eISSN - 1099-0798
pISSN - 0735-3936
DOI - 10.1002/bsl.2442
Subject(s) - supreme court , phone , constitution , law , expectation of privacy , scope (computer science) , doctrine , privacy laws of the united states , supreme court decisions , public opinion , constitutionality , right to privacy , information privacy , internet privacy , political science , computer security , computer science , politics , philosophy , linguistics , programming language
The Fourth Amendment to the US Constitution protects individuals from unreasonable searches and seizures. As technology evolves, courts must examine Fourth Amendment concerns implicated by the introduction of new and enhanced police surveillance techniques. Recent Supreme Court cases have demonstrated a trend towards reconsidering the mechanical application of traditional Fourth Amendment doctrine to define the scope of constitutional protections for modern technological devices and personal data. The current research examined whether public opinion regarding privacy rights in electronic communications is in accordance with these Supreme Court rulings. Results suggest that cell phone location data is perceived as more private and deserving of protections than other types of location data, but the privacy of other types of information recorded on cell phones is valued even more than location data. These results have implications for the police and courts considering how the Fourth Amendment will apply to smart phone technologies.