Its funny how the CEO comments on covertly photographing, but thats not really the scenario I see happening.Some experts fret police may be randomly scanning the population, using potentially intrusive techniques to search for criminals, sex offenders, and illegal aliens, but the manufacturer says that would be a difficult task for officers to carry out.
Sean Mullin, BI2's CEO, says it is difficult, if not impossible, to covertly photograph someone and obtain a clear, usable image without that person knowing about it, because the MORIS should be used close up.
"It requires a level of cooperation that makes it very overt -- a person knows that you're taking a picture for this purpose," Mullin said.
I see a cop going up to someone photographing them quickly and scanning without the person having any ability to refuse the officer. While it would be possible to claim a 4th amendment violation as we know from OC issues its hard to really hold the cops that abuse it accountable.