Digital Footprints: The Use of RFID Technology for General Law Enforcement

Abstract

Recent developments in the field of Radio Frequency Identification (RFID) have the potential to put a new wrinkle in the fabric of Fourth Amendment law. In what situations will a warrant be required for law enforcement to use RFID technology to remotely detect information about a person, place or thing? The development of RFID technology is quickly approaching the point where courts will need to address the issue and provide law enforcement with guidance on whether an electronic search using RFID is considered a search under the Fourth Amendment. Digital Footprints: The Use of RFID Technology for General Law Enforcement provides a brief history RFID technology and explains how RFID works. The author offers examples of how RFID can be used by law enforcement agencies to maintain traffic enforcement and compliance, monitor restricted property, and locate an individual. The paper concludes with an analysis of RFID technology juxtaposed with the current state of Fourth Amendment law.