Why Digital Policing is Different

Authors

Andrew Ferguson, American University Faculty AccountFollow

Document Type

Article

Publication Date

2022

Journal

Ohio State Law Journal

Volume

83

First Page

1

Last Page

41

Abstract

Many Fourth Amendment debates boil down to following argument: if police can already do something in an analog world, why does it matter that new digital technology allows them to do it better, more efficiently, or faster? This Article addresses why digital is, in fact, different when it comes to police surveillance technologies. The Article argues that courts should think of these digital technologies not as enhancements of traditional analog policing practices but as something completely different, warranting a different Fourth Amendment approach. Properly understood, certain digital searches should be legally distinguishable from analog search precedent such that the older cases no longer control the analysis.

Recommended Citation

Andrew Ferguson, Why Digital Policing is Different, 83 Ohio State Law Journal 1 (2022).
Available at: https://digitalcommons.wcl.american.edu/facsch_lawrev/2195