The article discusses the inapplicability of the mosaic theory of the Fourth Amendment, which declares non-search law enforcement actions as searches when aggregated. It mentions the deemed inconsistency of the mosaic theory with the precedent of the Fourth Amendment. It recommends protecting privacy interests statutorily instead of constitutionally restricting pattern-detecting innovations.
Benjamin M. Ostrander,
The Mosaic Theory and Fourth Amendment Law,
Notre Dame L. Rev.
Available at: http://scholarship.law.nd.edu/ndlr/vol86/iss4/7