Nebraska College of Law: Redefining Legal Searches in the Digital Age

Curt Bright Author

03/21/2025 Added

2 Plays

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Nebraska Law Professor Lori Hoetger researches how individuals make decisions regarding their legal rights and is especially interested in applications of the Fourth Amendment. She looks at how expectations of privacy are evolving and how courts’ approaches to searches might need to change in response to new technological developments. Learn more at law.unl.edu

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[00:00:07.083]There's a lot of
[00:00:08.458]technology that we can use to create and store information, right?
[00:00:11.666]We use our cell phones.
[00:00:12.625]We use the cloud to store our files. Our cars track information
[00:00:16.916]about us, and all of that information is being stored.
[00:00:20.083]And at the same time, police are also using technology to track people.
[00:00:24.625]They use automated license plate readers to track cars that drive on the streets.
[00:00:28.666]They can access private surveillance cameras to see if they can find people
[00:00:32.708]walking on the street and use facial recognition technology to identify people.
[00:00:37.125]All of this is new technology that even 20 or 30 years ago wasn't possible,
[00:00:42.375]and the Fourth Amendment needs to adapt and change to understand this technology.
[00:00:46.375]And my research helps to understand how we can adequately grasp
[00:00:49.958]how people really think about searches using this technology.
[00:01:05.833]The problem with the way our courts work is that
[00:01:08.166]the court has to wait for a legal challenge, right?
[00:01:11.333]The Supreme Court didn't hear a case involving
[00:01:14.041]a search of a cell phone until, well into the 2000s.
[00:01:17.333]And that is a long time after people started using cell phones.
[00:01:21.250]So with this drastically changing technology, courts are lagging
[00:01:25.291]significantly behind what is happening in the real world.
[00:01:39.416]I am a part of the law psychology dual degree program
[00:01:42.791]that is a collaboration between the psychology department
[00:01:45.750]and the law school, and it brings together scholars that are using both
[00:01:49.166]psychological methods and legal methods to address these legal questions.
[00:01:53.791]My research will help solve the problem of how the Fourth Amendment
[00:01:57.083]can address what is a search, especially with new technology.
[00:02:00.166]So as technology changes, the amount of information that's available increases,
[00:02:04.708]and how the government can access that information also increases.
[00:02:08.000]And so we need to do a better job using our law to address that issue.

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Nebraska College of Law: Redefining Legal Searches in the Digital Age

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