NCJ Number
97032
Journal
John Marshall Law Review Volume: 17 Issue: 2 Dated: (Spring 1984) Pages: 455-492
Date Published
1984
Length
38 pages
Annotation
Aerial surveillance by aircraft and satellite raises a privacy issue that requires balancing the conflicting interests of the individual's legitimate desire for freedom from governmental intrusion against government's legitimate law enforcement needs.
Abstract
Drawn from the purposes and history of the fourth amendment, the prohibition against unreasonable searches must be viewed as a bar to general warrantless searches. The concept underlying the reasonable expectation of privacy is that, absent an obvious breach, people are entitled to be left alone by government. The right to be left alone demands that absent some provocation, government must refrain from searching people or their property. Unfortunately, the advent of the airborn search has given the police a generally unobtrusive disguise. That aerial surveillance usually rises to the level of a search should be obvious. More often, courts fail to recognize the unreasonable nature of aerial searches. The most troubling aspect of such surveillance has been the recent use of satellites by the Federal Government. Satellites magnify the intrusive capabilities of the Government while remaining unobtrusive. That aerial and satellite surveillance appears to be motivated by good intentions is not sufficient to outweigh fourth amendment protections. The legitimacy of law enforcement needs do not justify the violation of the Bill of Rights. (Author summary modified)