Waller v. Georgia

Electronic surveillance includes the secret monitoring of people and places while using devices such as cameras, tape recorders, video recorders, and wiretaps. State and federal investigators use this equipment to gather evidence on suspected criminals or criminal activity. The three main types of electronic surveillance are wiretapping, bugging, and videotaping. Wiretaps intercept telephone calls by directly tapping into telephone lines, while bugs transmit telephone conversations to investigators after being hidden in a suspected place of criminal activity. Video surveillance equipment records and/or submits recorded images after video cameras are set up in a suspected place of criminal activity.

Investigators must, however, respect the right of people under the Fourth Amendment to secure themselves and their property against unreasonable searches and seizures. The Fourth Amendment also prohibits judges from issuing warrants without probable cause. Although the Supreme Court held in 1928 that electronic surveillance techniques such as wiretapping did not constitute a search and seizure, the Court ruled in 1967 that electronic surveillance did constitute a search and seizure and therefore it requires a warrant to be constitutional.