Overview

Choice Outstanding Academic Title 2023 A close look at innovations in policing and the law that should govern them A host of technologies—among them digital cameras, drones, facial recognition devices, night-vision binoculars, automated license plate readers, GPS, geofencing, DNA matching, datamining, and artificial intelligence—have enabled police to carry out much of their work without leaving the office or squad car, in ways that do not easily fit the traditional physical search and seizure model envisioned by the framers of the Constitution. Virtual Searches develops a useful typology for sorting through this bewildering array of old, new, and soon-to-arrive policing techniques. It then lays out a framework for regulating their use that expands the Fourth Amendment’s privacy protections without blindly imposing its warrant requirement, and that prioritizes democratic over judicial policymaking. The coherent regulatory regime developed in Virtual Searches ensures that police are held accountable for their use of technology without denying them the increased efficiency it provides in their efforts to protect the public. Whether policing agencies are pursuing an identified suspect, constructing profiles of likely perpetrators, trying to find matches with crime scene evidence, collecting data to help with these tasks, or using private companies to do so, Virtual Searches provides a template for ensuring their actions are constitutionally legitimate and responsive to the polity.

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9781479812165

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Reviews

Well-written, encyclopedic, and persuasive, Virtual Searches offers a fully-formed theory on the Fourth Amendment's future in the face of new technologies. The rigor and depth of Slobogin's analysis is rock solid and he offers a clear approach to regulating the hardest questions emerging around new policing technologies. -- Andrew Guthrie Ferguson, author of The Rise of Big Data Policing: Surveillance, Race, and the Future of Law Enforcement Cutting-edge and well-written, this is an important book on a critical issue in policing and surveillance, and it presents a number of original ideas that will assist academics and policymakers in navigating these issues. I have never seen any other scholar offer such a comprehensive typology for different types of digital surveillance. -- Ric Simmons, Jacob E. Davis and Jacob E. Davis II Chair in Law, Moritz College of Law, The Ohio State University In a world of pervasive cameras and sensors, data harvesting, and artificial intelligence, what will become of privacy? Steering a middle course between outright bans and hands-off complacency, Christopher Slobogin argues persuasively that different investigative strategies pose different levels of risks and deserve different kinds of oversight. He offers an invaluable road map to new forms of surveillance and a thoughtful set of proposals for how they can and should be regulated in a democratic society. This is essential reading for anyone interested in balancing the interests of privacy and crime control as technology changes the nature of law enforcement. -- David Alan Sklansky, author of A Pattern of Violence: How the Law Classifies Crimes and What It Means for Justice

Cutting-edge and well-written, this is an important book on a critical issue in policing and surveillance, and it presents a number of original ideas that will assist academics and policymakers in navigating these issues. I have never seen any other scholar offer such a comprehensive typology for different types of digital surveillance.--Ric Simmons, Jacob E. Davis and Jacob E. Davis II Chair in Law, Moritz College of Law, The Ohio State University In a world of pervasive cameras and sensors, data harvesting, and artificial intelligence, what will become of privacy? Steering a middle course between outright bans and hands-off complacency, Christopher Slobogin argues persuasively that different investigative strategies pose different levels of risks and deserve different kinds of oversight. He offers an invaluable road map to new forms of surveillance and a thoughtful set of proposals for how they can and should be regulated in a democratic society. This is essential reading for anyone interested in balancing the interests of privacy and crime control as technology changes the nature of law enforcement.--David Alan Sklansky, author of A Pattern of Violence: How the Law Classifies Crimes and What It Means for Justice Well-written, encyclopedic, and persuasive, Virtual Searches offers a fully-formed theory on the Fourth Amendment's future in the face of new technologies. The rigor and depth of Slobogin's analysis is rock solid and he offers a clear approach to regulating the hardest questions emerging around new policing technologies.--Andrew Guthrie Ferguson, author of The Rise of Big Data Policing: Surveillance, Race, and the Future of Law Enforcement

Author Information

Christopher Slobogin is Milton Underwood Professor of Law at Vanderbilt University. He is one of the five most cited criminal law and procedure law professors in the country, and one of the top 60 most cited law professors according to Hein Online.

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