ABSTRACT

Chapter 5 covers Fourth Amendment and statutory restrictions on police surveillance activity. It begins by tracing the history from Olmstead to Katz. It covers police surveillance activities that fall outside the Fourth Amendment, such as surveillance of matters in open view and use of informants; Fourth Amendment restrictions on use of beepers, GPS devices, and cell phones to track suspects, video surveillance, and use of detection devices; the requirements of the federal Wiretap Act; statutory restrictions on access to email, voice mail, and text messages, and on use of pen registers and trap-and-trace devices; and an overview of the Foreign Intelligence Surveillance Act.