Law Enforcement Adoption of the Olfactometer: A Legal Analysis

• In Event: Technology and Law Enforcement: Challenges and Innovations

Abstract

Law enforcement agencies understand that technology plays a crucial role in criminal investigations. However, law enforcement oftentimes adopt and use new technology so rapidly that the courts do not have time to address the constitutional implications resulting from using said technology. The olfactometer (i.e., electronic nose, smelling telescope, etc.) is one such technology that may provide a number of benefits for police during investigations but its use may also result in constitutional violations if care is not taken. Although olfactometers have been used in a variety of industries, it is only recently that law enforcement agencies have begun to adopt it for investigative purposes. The current study employs the scholarly legal research approach in examining federal court rulings so as to provide general guidelines for law enforcement use of the olfactometer. Prevailing cases and implications are also discussed.

Authors

• Kimberly A. Chism, The University of Southern Mississippi

• Laura M. Gulledge, The University of Southern Mississippi