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To: Lorianne

New technology makes the 4th Amendment more important than ever.


14 posted on 12/26/2016 12:57:07 PM PST by DoughtyOne (Merry Christmas to all, and to all a good night...)
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To: DoughtyOne
The Fourth Amendment of the U.S. Constitution provides that "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
 
 

Electronic Surveillance

In recent years, the Fourth Amendment's applicability in electronic searches and seizures has received much attention from the courts. With the advent of the internet and increased popularity of computers, there has been an increasing amount of crime occurring electronically. Consequently, evidence of such crime can often be found on computers, hard drives, or other electronic devices. The Fourth Amendment applies to the search and seizure of electronic devices.

Many electronic search cases involve whether law enforcement can search a company-owned computer that an employee uses to conduct business. Although the case law is split, the majority holds that employees do not have a legitimate expectation of privacy with regard to information stored on a company-owned computer. In the 2010 case of City of Ontario v. Quon (08-1332), the Supreme Court extended this lack of an expectation of privacy to text messages sent and received on an employer-owned pager.

Lately, electronic surveillance and wiretapping has also caused a significant amount of Fourth Amendment litigation.

 

 

Fourth Amendment | Wex | US Law | LII / Legal Information Institute (cornell.edu)


31 posted on 06/11/2023 8:19:04 PM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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