FACIAL RECOGNITION AND THE US FOURTH AMENDMENT DEFINING REASONABLE EXPECTATIONS OF PRIVACY IN ALGORITHMIC POLICING

http://dx.doi.org/10.31703/gpr.2025(X-III).19      10.31703/gpr.2025(X-III).19      Published : Sep 2025
Authored by : Bakht Munir , Ahmed Raza , Ali Nawaz Khan

19 Pages : 199-210

http://dx.doi.org/10.31703/gpr.2025(X-III).19      10.31703/gpr.2025(X-III).19      Published : Sep 2025

Facial Recognition and the U.S. Fourth Amendment: Defining Reasonable Expectations of Privacy in Algorithmic Policing

    Facial recognition technology (FRET) has completely transformed the manner of surveillance by introducing continuous and automatic identification of individuals in both digital and physical environments. This technological growth poses a challenge to the sufficiency of the Fourth Amendment, as its definition of reasonable expectation of privacy was designed in an analogue world of physical searches and physical evidence. This study proposes a technological proportionality and accountability framework (TPAF) that aims at balancing constitutional privacy rights with contemporary algorithm-based surveillance. Based on the principles of scale, persistence, and inference, TPAF provides a comprehensive mechanism that enables the courts and lawmakers to determine the proportionality, intent, and responsibility of digital surveillance operations. Recommending statutory and administrative changes in addition to transparency, fairness, and independent control, this article proposes that the Fourth Amendment should be interpreted dynamically in a way that conserves democratic values along with technological advancement in modern policing.

    Facial Recognition Technology, Fourth Amendment, Algorithmic Policing, Constitutional Privacy, Artificial Intelligence and Law, Surveillance and Civil Liberties, Technological Proportionality
    (1) Bakht Munir
    Postdoctoral Fellow, The University of Kansas School of Law, USA.
    (2) Ahmed Raza
    LLM Scholar, Pennsylvania State University, USA.
    (3) Ali Nawaz Khan
    Assistant Professor, University Law College, University of the Punjab, Lahore, Punjab, Pakistan.
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Cite this article

    APA : Munir, B., Raza, A., & Khan, A. N. (2025). Facial Recognition and the U.S. Fourth Amendment: Defining Reasonable Expectations of Privacy in Algorithmic Policing. Global Political Review, X(III), 199-210. https://doi.org/10.31703/gpr.2025(X-III).19
    CHICAGO : Munir, Bakht, Ahmed Raza, and Ali Nawaz Khan. 2025. "Facial Recognition and the U.S. Fourth Amendment: Defining Reasonable Expectations of Privacy in Algorithmic Policing." Global Political Review, X (III): 199-210 doi: 10.31703/gpr.2025(X-III).19
    HARVARD : MUNIR, B., RAZA, A. & KHAN, A. N. 2025. Facial Recognition and the U.S. Fourth Amendment: Defining Reasonable Expectations of Privacy in Algorithmic Policing. Global Political Review, X, 199-210.
    MHRA : Munir, Bakht, Ahmed Raza, and Ali Nawaz Khan. 2025. "Facial Recognition and the U.S. Fourth Amendment: Defining Reasonable Expectations of Privacy in Algorithmic Policing." Global Political Review, X: 199-210
    MLA : Munir, Bakht, Ahmed Raza, and Ali Nawaz Khan. "Facial Recognition and the U.S. Fourth Amendment: Defining Reasonable Expectations of Privacy in Algorithmic Policing." Global Political Review, X.III (2025): 199-210 Print.
    OXFORD : Munir, Bakht, Raza, Ahmed, and Khan, Ali Nawaz (2025), "Facial Recognition and the U.S. Fourth Amendment: Defining Reasonable Expectations of Privacy in Algorithmic Policing", Global Political Review, X (III), 199-210
    TURABIAN : Munir, Bakht, Ahmed Raza, and Ali Nawaz Khan. "Facial Recognition and the U.S. Fourth Amendment: Defining Reasonable Expectations of Privacy in Algorithmic Policing." Global Political Review X, no. III (2025): 199-210. https://doi.org/10.31703/gpr.2025(X-III).19