DispositionMatrix
NES Member
STREET-LEVEL SURVEILLANCE: Acoustic Gunshot Detection
Even if aimed at gunshots, this technology also captures human voices, at least some of the time. Yet people in public places ¾for example, having a quiet conversation on a deserted street¾are often entitled to a reasonable expectation of privacy, without overhead microphones unexpectedly recording their conversation. Federal and state eavesdropping statutes (sometimes called wiretapping or interception laws) typically prohibit the recording of private conversations absent consent from at least one person in that conversation.
In at least two criminal trials, the California case People v. Johnson and Commonwealth v. Denison, in Massachusetts, prosecutors sought to introduce as evidence audio of voices recorded on Acoustic Gunshot Detection system. In Johnson, the court allowed this. In Denison, the court did not, ruling that a recording of “oral communication” is prohibited “interception” under the Massachusetts Wiretap Act.
Moreover, acoustic gunshot detection systems are often placed in what police consider to be high-crime areas. As with many police surveillance systems, this can result in excessive scrutiny of the neighborhoods where people of color may live.