Volume 74, Issue 3, 911-934
Evolving surveillance technologies present unique challenges for the judiciary to maintain robust Fourth Amendment privacy protections. New surveillance tools such as pole cameras raise significant questions regarding the current scope of the Fourth Amendment and the steps the Supreme Court must take to prevent the erosion of a foundational constitutional right.
This Note lays out the current debate among scholars and courts regarding the impact of the Supreme Court’s decision in Carpenter v. United States. It demonstrates the challenge that new technology presents by providing an overview of the split between state and federal circuit courts in applying Carpenter to warrantless pole camera surveillance. The Note provides a detailed analysis of the legal reasoning of both perspectives, with a particular focus on the overlapping considerations that courts have focused on in their decisionmaking. Finally, this Note offers a new framework, adapting the Katz v. United States test by utilizing these overlapping considerations, to ensure that Fourth Amendment privacy protections remain stanch against the advancement of surveillance technology.