Technological Surveillance

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Recommended: Improper use of privacy

In the reading, Whitebread and Slogobin define technological surveillance as “techniques that enhance the ability to eavesdrop or spy on the activities of others” (book). Technological surveillance can be done in many different ways, which include listening in on you, tracking you, and watching you. Listening in on your conversations can be achieved through wiretapping and planting bugs. Wiretaps are the physical intrusion of your electrical wiring, while planting bugs entails placing an audio transmitting device on your persons or in your home. Surveilling someone through tracking can be done by hacking into their transmissions or physically tracking where they go. Video surveillance is very common; it can be done by physically following a person around. There is also technology available that allows someone to see through walls like x-ray vision (book). These methods of surveillance are very useful, but sometimes very invasive, that is why there are guidelines and requirements that must be satisfied in order to use them.
Technological surveillance is a very important part of gathering evidence. It allows law enforcement to discretely build their cases. However, it is because of this, technological surveillance can sometimes be abused. Technological surveillance, although necessary, creates a credible threat to the invasion of our privacy. The trespass doctrine specified why certain types of surveillance were illegal. The premise was based on whether the information was gained by trespassing on the individual’s property by penetrating the outer barrier. The two cases based on this concept are: Goldman v. United States (1942) and Silverman v. United States (1961). In Goldman v. United States (1942), the Dictaphone ...

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...because not all conversation pertained to the crime that was under investigation. Scott v. United States (1978) is a prime example of why the minimization rule was created. In this case, officers intercepted all of his calls for a month. It was discovered that less half of all intercepted material actually applied to the crime. However, no minimization was found because 60% of the calls were unclear, single occurrence, or too short.

Works Cited
Berger v. New York, 388 US 41 (1967)
Goldman v. United States, 316 US 129 (1942)
Katz v. United States, 389 US 347 (1967)
On Lee v. United States, 343 US 747 (1952)
Scott v. United States, 436 US 128 (1978)
Silverman v. United States, 365 US 505 (1961)
States v. Chavez, 416 US 562 (1974)
United States v. Giordano, 416 US 505 (1974)
Whitebread, C. H. & Slobogin, C. (2000). Criminal procedure. New York: Foundation Press.

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