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40 Fordham Urb. L.J. 959 (2012-2013)
Crime, Surveillance, and Communities

handle is hein.journals/frdurb40 and id is 977 raw text is: CRIME, SURVEILLANCE, AND
COMMUNITIES
I Bennett Capers*
ABSTRACT
We have become a surveillance state.   Cameras-both those
controlled by the state, and those installed by private entities-watch
our every move, at least in public. For the most part, courts have
deemed this public surveillance to be beyond the purview of the
Fourth Amendment, meaning that it goes largely unregulated-a
cause for alarm for many civil libertarians. This Article challenges
these views and suggests that we must listen to communities in
thinking about cameras and other surveillance technologies. For
many communities, public surveillance not only has the benefit of
deterring crime and aiding in the apprehension of criminals. It can
also function to monitor the police, reduce racial profiling, curb police
brutality, and ultimately increase perceptions of legitimacy. The
question thus becomes not how we can use the Fourth Amendment to
limit public surveillance, but rather: How can we use the Fourth
Amendment to harness public surveillance's full potential?
Introduction        ................................... ......960
I. Watching You       .....................................960
II. The Fourth Amendment Problem .........  ...................964
A. A Conventional Reading of the Fourth Amendment.......965
B. A Non-Conventional Reading of the Fourth
Amendment        ........................... ......969
III. The Fourth Amendment Solution.....................977
Conclusion         ...............................................989

959

* Professor of Law, Brooklyn Law School. B.A. Princeton University; J.D. Columbia
Law School. E-mail: bennett.capers@brooklaw.edu. © 2012 1. Bennett Capers.

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