Written by Charles E. Volkwein
ABSTRACT
Today’s availability of massive data sets, inexpensive data storage, and sophisticated analytical software has transformed the capabilities of law enforcement and created new forms of “Big Data Policing.” While Big Data Policing may improve the administration of public safety, these methods endanger constitutional protections against warrantless searches and seizures. This Article explores the Fourth Amendment consequences of Big Data Policing in three parts. First, it provides an overview of Fourth Amendment jurisprudence and its evolution in light of new policing technologies. Next, the Article reviews the concept of “Big Data” and examines three forms of Big Data Policing: Predictive Policing Technology (PPT); data collected by third-parties and purchased by law enforcement; and geofence warrants. Finally, the Article concludes with proposed solutions to rebalance the protections afforded by the Fourth Amendment against these new forms of policing.
