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40 Fordham Urb. L.J. 993 (2012-2013)
Community Control over Camera Surveillance: A Response to Bennett Capers's Crime, Surveillance, and Communities

handle is hein.journals/frdurb40 and id is 1011 raw text is: COMMUNITY CONTROL OVER CAMERA SURVEILLANCE: A RESPONSE TO BENNETT CAPERS'S CRIME, SURVEILLANCE, AND COMMUNITIES Christopher Slobogin* Introduction .................................... .....993 I. Is Camera Surveillance a Search? ..........................994 II. When Should Camera Surveillance Be Authorized? .................. 995 III. Should Technology's Capacity to Deter Police Abuse Factor into Reasonableness Analysis? ........... ......997 Conclusion................ .................... .....998 INTRODUCTION In his provocative article, Crime, Surveillance and Communities, Professor I. Bennett Capers argues, contrary to Supreme Court precedent, that camera surveillance of public spaces is a Fourth Amendment search.' But he also argues that such surveillance should be permitted even in the absence of probable cause, so long as it is reasonable.2 His third contention is that reasonableness analysis in this context ought to take into account not only the extent to which cameras can prevent crime, but also the extent to which the community will benefit from the ability of the cameras to deter police brutality and document evidence of racial profiling and other abuses of discretion.3 Professor Capers hypothesizes that this ability to monitor the police will enhance government legitimacy and thus cooperation with the police.4 I have three observations about his article, corresponding to the three main threads of his argument. * Milton Underwood Professor of Law, Vanderbilt University Law School 1. 1. Bennett Capers, Crime, Surveillance, and Communities, 40 FORDHAM URB. L.J. 959 (2013). 2. Id. at 975. 3. Id. at 978, 986. 4. Id. at 978, 987-88. 993

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