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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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