Volokh: Does Kyllo v. United States Apply to A Scan of A Person? And What is the Standard for A \u201cTerry Scan\u201d? by Orin Kerr:<\/p>\n
New technologies often prompt new and interesting Fourth Amendment issues. Here\u2019s the latest:<\/p>\n
Get ready for scan-and-frisk.<\/p>\n
The NYPD will soon deploy new technology allowing police to detect guns carried by criminals without using the typical pat-down procedure, Police Commissioner Raymond Kelly said Wednesday.<\/p>\n
The department just received a machine that reads terahertz \u2014 the natural energy emitted by people and inanimate objects \u2014 and allows police to view concealed weapons from a distance.<\/p>\n
\u201cIf something is obstructing the flow of that radiation, for example a weapon, the device will highlight that object,\u201d Kelly said.<\/p>\n
A video image aired at a Police Foundation breakfast Wednesday showed an officer, clad in a New York Jets jersey and jeans, with the shape of a hidden gun clearly visible under his clothing when viewed through the device.<\/p>\n
The department will begin testing the high-tech device for use on the street. The device is small enough to be placed in a police vehicle or stationed at a street corner where gunplay has occurred in the past.<\/p>\n
. . . [Kelly said:] \u201cWe still have a number of trials to run before we can determine how best to deploy this technology. We\u2019re also talking to our legal staff about this. But we\u2019re very pleased with the progress we\u2019ve made over the past year.\u201d\n<\/p><\/blockquote>\n
Use of this technology raises two primary Fourth Amendment questions. First, does it constitute a search under Kyllo v. United States? More specifically, does Kyllo apply when the device is used to obtain details from inside a person\u2019s clothes rather than inside a home? And second, if use of the device is a \u201csearch\u201d under Kyllo, what is the standard for when such a search is reasonable? Do you match the Fourth Amendment standard for a \u201cvirtual frisk\u201d with the existing standard for a physical frisk? Or is the virtual frisk more or less invasive than the physical frisk in a way that would require more or less cause? Interesting questions. <\/p><\/blockquote>\n
See New York Daily News: NYPD Commissioner says department will begin testing a new high-tech device that scans for concealed weapons<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"
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