Abstract
The right to security in personal effects has been well-established since the foundation of the United States of America. This right finds its roots in the English common law right against trespass. Although ancient, it has proved timeless, adapting and growing with new technology and societal expectations. Courts have expanded the interpretation of this right, adapting its reach to maintain the spirit of the Fourth Amendment with rulings such as Katz, Jones, and Carpenter. However, this Amendment is on the cusp of a Katz-like rework to accommodate technological advancements. The Supreme Court has not yet fully answered whether the Fourth Amendment should protect individual private residences from long-term video surveillance by law enforcement. Adjacent rulings such as Jones and Carpenter have created ambiguities, ultimately culminating in the ruling of the en banc court of the First Circuit. Through a survey of historical progression, an analysis of the Moore-Bush reasoning, and persuasion from other lower courts, this Note suggests the most historically genuine way to move forward, demanding the preservation of privacy rights for the common man in the digital age.
Recommended Citation
Semark, Benjamin D.
(2026)
"Eyes on Every Corner: Pole Cameras and the Living History of the Fourth Amendment,"
Helms School of Government Undergraduate Law Review: Vol. 5:
Iss.
1, Article 3.
Available at:
https://digitalcommons.liberty.edu/helmsundergraduatelawreview/vol5/iss1/3