CRB California Research Bureau, California State Library

CRB-97-005 June 1997

1 G. J. O'Toole, The Encyclopedia of American Intelligence and Espionage: From the Revolutionary War to the Present, Page 121, 1985.

2 Ibid., Page 133.

3 U.S. Senate Crime Control Hearing, "Controlling Crime Through More Effective Law Enforcement," U.S. Senate Committee on the Judiciary, 90th Congress., 1st Session. 909, 1967.

4 Lisa Ann Wintersheimer, "Privacy Versus Law Enforcement: Can The Two Reconciled?," University of Cincinnati Law Review, 57 U. Cin. L. Rev. 315, 1988.

5 United States vs. Torres, 751 F. 2nd 875, 876 (7th Circuit, 1984). The government secretly entered a building to televise activities in the building's interior. Although the video equipment had no sound track, an audio recording was made on separate equipment for the purpose of monitoring the assembling of bombs. The court only considered Title III as a model in applying the 4th Amendment to the use of videotape equipment. Relying on the principles and procedures of Title III, the court found that the evidence obtained by the video equipment should be admissible and did not violate the 4th Amendment.

6 John Goldman, "FBI Arrests Man Accused of Training Bomb Suspects," Los Angeles Times, February 22, 1995.

7 Scott Sher, Public Law Research Institute, "Continuous Video Surveillance and Its Legal Consequences," University of California, Hastings College of the Law, San Francisco, Ca, November, 1996.

8 18 U.S.C. Section 2511 )1) (a).

9 S. Rep. No. 541, 99th Congress., 2nd Session. 16-17.

10 18 U.S.C. Section 2510 (emphasis added).

11 389 U.S. 347 (1967).

12 California vs. Ciraolo, 476 U.S. 207, 213-14 (1986); Illinois vs. Andreas, 463 U.S. 765, 771 (1983); and McCray vs. State, 581 A. 2nd 45 (Ct. App. Md. 1990).

13 468 U.S. 276, 281-82 (1983).

14 USA vs. Taketa, 923 F. 2nd 665, 677 (9th Cir. 1991); USA vs. Broadhurst, 805 F. 2nd 849, 855-56 (9th Cir. 1986).

15 Dow Chemical Co. vs. United States, 106 S. Ct. 1819 (1986); People vs. Mackey, 121 Michigan App. 748, 329 N.W. 2nd 476 (1982).

16 USA vs. Sherman, 990 F. 2nd 1265 (9th Cir. 1993), 990 F.2d at 1265 (internal quotations omitted) (citing United States vs. Taketa, 923 F. 2d 665, 677) (9th Cir. 1991).

17 Florida vs. Reilly, 488 U.S. 445 (1989); California vs. Ciraolo, 476 U.S. 207 (1986).

18 Laird vs. Tatum, 408 U.S. 1, 11 (1972).

19 USA vs. Cuevas-Sanchez, 821 F. 2nd 248, 50-51 (5th Cir. 1987); Ricks vs. State, 537 A. 2nd 612 (Md. 1988).

20 Cuevas-Sanchez, 821, F 2nd 50-51; see also USA vs. Torres, 751 F. 2nd 875, 877 (7th Cir. 1984).

21 Courts have never sustained a First Amendment claim when law enforcement makes use of undercover agents in public areas. Granholm, supra note 20 at 708.

22 Accord Jacobson vs. Massachusetts, 191 U.S. 11, 25-29 (1905); Hawaii vs. Standard Oil Co., 405 U.S. 251, 257-59 (1972); and Mormon Church vs. USA, 136 U.S. 1, 56-58 (1890).

23 People vs. Triggs, 26 Cal. App. 3nd 381. (1972).

24 220 Cal. App. 3rd 146 (2nd Dist. 1990).

25 William Montalbano, "Public Cameras Change Crime Picture in Britain," Los Angeles Times, Section A, Page 10, June 6, 1996.

26 Richard Stevenson, "They're Capturing Suspects on Candid Camera," New York Times, Saturday, Late Edition, Section 1, Page 4; Foreign Desk, March 11, 1995.

27 John Naughton, The London Observer, "Video Eyes Are Everywhere: Big Brother in Britain," Reprinted in the World Press Review, Vol. 42; No. 4, Page 13; November 13, 1994.

28 Marjorie Bulos, "Unpublished Study of the Effects of Video Surveillance on the Citizens of Sutton, England," 1995. Copyrighted 1995 Newspaper Publishing PLC, The Independent, Sunday Edition of Real Life, Page 3, December 3, 1995.

29 Elisabeth Geake, "The Electronic Arm of the Law: Electronic Surveillance Systems," IPC Magazines Ltd. (UK), New Scientist, Vol. 138; No. 1872; Page 19; May 8, 1993.

30 Duncan Lustig-Prean, British Civil Liberties Group, Liberty, Testimony before Parliament's Media Committee, March 10, 1996.

31 Fred Barbash, Washington Post Foreign Service, " The Latest From Britain: Sex, Private Lives and Videotapes," Washington Post, Sunday Edition, Section A, Page 27, March 17, 1996.

32 Daniel Drolet, "Plastic, Paper Trail Makes Vanishing Act Tough To Pull Off," The Ottawa Citizen, Citylife Section, Page A-6, February 19, 1995.

33 Constable Henri Berube, Peel Regional Police, Ontario, Canada, Interview with Security Magazine regarding the ineffective use of CCTV video surveillance in catching bank robbers, March 18, 1996.

34 Edward A. Tomlinson, "The Saga of Wiretapping in France: What It Tells Us About the French Criminal Justice System," 53 Louisiana Law Review. 1091, 1092 (1993).

35 Paul Webster, "French Minister Condoned Police Shooting of Aliens," The Guardian Newspaper, Page 11, October 12, 1994.

36 Nuala Haughey, "Should Electronic Eyes be Watching Over Us?," The Irish Times Newspaper, City Edition, Home News, Page 7, April 18, 1995.

37 Tunku Varadarajan, "Spain Braced For More Blasts After Arrest of Eta Trio," Overseas News, Times Newspapers Limited, The Times, July 25, 1996.

38 National Geographic Magazine, 1996.

39 Paul Williams, "Why Punish Saddam's Children Because You Can't Catch Saddam?," Toronto Star Newspaper, Section F-1, June 2, 1996.

40 Rosemary J. Erickson, Athena Research Corporation, "Cameras and Silent Alarms: A Study of Their Effectiveness as a Robbery Deterrent," January 31, 1984.

41 Telephone conversation with Ken Darby, Chief Executive Officer, Vicon Industries, regarding video surveillance, October 1996.

42 Cahners Publishing Company, A Division of Reed Publishing USA, "Nationwide Survey of Companies With Security Expenses," Karen Hallberg, Research Director, September, 1996.

43 Long Island (LI) Commercial Review, Inc., "Press Statement by Ken Darby, Executive Director, Vicon Industries, Regarding Sales of CCTV Surveillance Equipment in 1995," LI Business News, Section 13, Page 27, March 25, 1996.

44 Business Wire Magazine Editorial, "Building Owners Rising Concern: Violence, Vandalism, and Terrorism," Business Wire, Inc., June 7, 1995.

45 Chicago Daily Law Bulletin, "Tort Law: Surveillance of Plaintiffs," Law Bulletin Publishing Company, April 19, 1995

46 Bill Zalud, Editor, Security Magazine, "Building Security In A Threatening Age," Excerpts From a Seminar at Chicago's Merchandise Mart Expo Center, June 13. 1995.

47 Lorraine La Femina, "For Electronic Security Firms, Crime Pays," LI Commercial Review, Inc., LI Business News, No. 13; Page 27, March 25, 1996.

48 Rosemary J. Erickson, "Armed Robbers and their Crimes," Athena Research Corporation, Seattle, Washington, 1996.

49 National Association of Convenience Stores, "Convenience Store Security: Report and Recommendations," National Association of Convenience Stores, November, 1991.

50 Analysis of Crime in the Two County Area of Long Island, New York, Presentation by Dr. Harvey Kushner, Chairman of the Department of Criminal Justice, CW Post College, to the Board of Directors of the Long Island News, March, 1996.

51 Jennifer Mulhern Granholm, "Video Surveillance on Public Streets: The Constitutionality of Invisable Citizen Searches," University of Detroit Law Review, Vol. 64: 687, 1987.

52 Ibid.

53 Bill McGarigle, Government Technology News, "Special Report: GIS Helps Reduce Youth Violence," 1996.

54 National Institute of Justice, Jeremy Travis, Director, Technology Beat, "Hands-Off Frisking: High-Tech Concealed Weapons Detection," June 1996.

55 Marcus Nieto, "The 1994 Violent Crime Control and Law Enforcement Act Today," California Research Bureau Report #95-001, April 10, 1995.

56 Linda Schiffer, Maryland Governor's Office of Crime and Prevention, Press Release, "New Downtown Video Patrol Program Uses Technology To Reduce Crime," January 19, 1996.

57 Carl Rochelle, CNN Correspondent, "Public Places Private Lives," Cable News Network, Transcript #294-6, Domestic News 7:33 am, March 29, 1996.

58 Telephone Interview with McKinley Howell, Director of the Newark, New Jersey Division of Economic Development, on Newark's "Video Patrol" September 19, 1996.

59 Telephone Interview with Detective David Collins, Video Patrol Information Officer, Newark Police Department, September, 19, 1996.

60 Telephone Interview with John Brushele, Deputy Chief of Police, Tampa Bay, Florida, October 16, 1996.

61 Statement by Lt. Greg Mullins, Virginia Beach Police Department, September, 1996.

62 Telephone Interview with Sam Moses, Deputy Police Chief, Memphis Police Department, September 1996.

63 Emelyn Cruz, "Video Cameras Shooting Down Some Crime Rates," The Seattle Times, Section B-1, July 28, 1996.

64 Ibid.

65 Telephone Interview with Merle Singer, President of the Yucca Corridor Coalition of Property Owners and Managers, October, 1996.

66 Press statement regarding Spenard Initiative in Anchorage by Steven H. Warner, Sergeant, Anchorage Police Department, March, 1995.

67 Penny Scott, Balboa Park District Manager, Regarding the successful park district CCTV surveillance system, "CCTV For Public Safety," 1996 Report, Security Industrial Association, Page 38, September, 1996.

68 Telephone interview with Major John Gordon, Public Information Officer, Atlanta Police Department, November 13, 1996.

69 Telephone interview with Officer Glen Weathersby, Public Information Officer, San Francisco Police Department, November 13, 1996.

70 Security Industry Association, CCTV For Public Safety, "The Portland Story," Page 60, October, 1996.

71 Ibid. Page 21.

72 Joel Kugelmass and Greg McVicar, "State Computers Take A Byte Out of Privacy," California Journal, October 1, 1991.

73 Mark Walbrun, Amtrak America, "Amtrak Tests Video Ticketing and Surveillance For Unmanned Stops," High Speed Transport News, Copyright 1995 Information Access Company (IAC), A Thomsom Corporation Company, No. 15, Vol. 3, May 15, 1995.

74 U.S. Department of Education, National Center for Education Statistics, Fast Response Survey System, "Survey on Advanced Telecommunications in the U.S. Public Schools, K-12," Table 408-- Percent of Public Schools Having Access To Selected Telecommunication Capabilities, 1995 Digest of Education Statistics.

75 Interview with Kenneth S. Trump, National School Safety and Security Services, May 23, 1997.

76 Marc Posner, Education Development Center, Children's Safety Network, September 25, 1996.

77 PR Newswire Association, Inc., "Public Schools Security Enhanced By BellSouth," Financial News, Section, January, 18, 1994.

78 Aaron Baca, "Teens Vandalize High Schools With Graffiti," The Santa Fe New Mexican Newspaper, Page B-1, May 25, 1996.

79 Angela Simoneaux, "Discipline Problem Now is Out of Hand," The Advocate Newspaper, of Baton Rouge, Louisiana, Page B-9, January 17, 1995.

80 Telephone interview with Dela Mae Moore, Spokesperson for the Austin Independent School District, November 12, 1996.

81 Michael Gips, "Securing the Schoolyard," American Society for Industrial Security, Vol. 40, No. 3, Page 46, March, 1996.

82 Security Industry Association, CCTV for Public Safety, Page 65, September, 1996.

83 Marcus Nieto, The 1994 Violent Crime Control and Law Enforcement Act Today, California Research Bureau Report # 95-001, April 10, 1995.

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