Powered by OpenAIRE graph
Found an issue? Give us feedback
addClaim

The Inviolate Person

Authors: Matthew J. Steven;

The Inviolate Person

Abstract

Would government access to the mental impressions and memories of individuals be an unreasonable search or seizure? In this article I explore technology-facilitated law enforcement access to information stored within individual human minds and what barriers the Fourth Amendment may present to such invasions. I begin by reviewing the development of brain-computer interface technology and its current and probable near-future capabilities. I then explore the right protected by the Fourth Amendment, and how the reasonable expectation of privacy analysis currently favored by the Supreme Court may interact with such technology. I conclude that some particularly invasive thought access techniques are probably not a constitutional "search" under that approach. I propose that certain aspects of the property-oriented view of "[t]he right of the people to be secure in their persons" extant prior to the Supreme Court's decision in Warden v. Hayden may remain applicable when the corporeal mind is the subject of a search and seizure. I also promote the notion that the nature of the right should be grounded in the words of the Amendment, with a focus on the enumerated right to personal security rather than the unenumerated and often arbitrary "reasonable person" privacy analysis. I then attempt to formulate a definition of the "inviolate person," a boundary beyond which a governmental intrusion is per se unreasonable. I offer several justifications for this demarcation beyond the constitutional argument, and conclude with a brief argument for a two-tiered exclusionary rule with additional consequences for egregious constitutional violations.

Related Organizations
  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Upload OA version
Are you the author of this publication? Upload your Open Access version to Zenodo!
It’s fast and easy, just two clicks!