Abstract: The Fourth Amendment, which protects individuals against unwarranted searches and seizures, has been at the center of many questions recently due to advancements in technology. Technology has evolved to a point where it is no longer necessary to enter someone’s physical space to know what is happening inside a home. This has led to many ambiguities between what is private and public, and what technology usage constitutes a search under the Fourth Amendment. We have reached a critical point that requires a clear test to determine this question to protect the privacy of individuals.
This Comment proposes a new framework for assessing whether the use of specific technologies violates Fourth Amendment rights. This new framework evaluates the level of intrusiveness, the ability to observe without direct physical access, the extent of surveillance or continuous monitoring, and the public availability of the technology. It will then apply these factors to two different technologies to draw a determination about their usage under the Fourth Amendment.
