Body Worn Cameras with Facial Recognition Technology: When It Constitutes a Search

This paper argues that the advent of body cameras with real-time, facial recognition technology may constitute a violation of the Fourth Amendment. As this technology is rapidly evolving, law and policy continues to grapple with proper implementation. This paper suggests that the courts will play an increasingly important role in making relevant constitutional determinations. Using recent Supreme Court case law, the paper surveys several ways in which courts may hold on the issue of body worn cameras and related technologies, depending on their approach.