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The Fourth Amendment of the United States Constitution protects against unreasonable search and seizure. Originally, remote surveillance of a person's communications, such as a telephone call, was not considered search and seizure without an "actual physical invasion" of a defendant's property. [1]
The Fourth Amendment may not protect informational privacy. Relevant exceptions to the Fourth Amendment's warrant requirement include "1) when consent to search has been given ( Schneckloth v. Bustamonte , 1973), (2) when the information has been disclosed to a third party ( United States v.
The Bill of Rights in the National Archives. The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights.It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be ...
The Fourth Amendment has been stressed as a right that protects people and not places, which leaves the interpretation of the amendment's language broad in scope. In addition, society has not reached clear consensus over expectations of privacy in terms of more modern (and developing, future) forms of recorded and/or transmitted information.
New York (1967), the United States Congress enacted the Omnibus Crime Control and Safe Streets Act of 1968, of which Title III is known as the "Wiretap Act." Title III was Congress' attempt to extend Fourth Amendment-like protections to telephonic and other wired forms of communication. In 1976 (United States v. Miller) and 1979 (Smith v.
United States v. Warshak, 631 F.3d 266 (6th Cir. 2010) is a criminal case decided by the United States Court of Appeals for the Sixth Circuit holding that government agents violated the defendant's Fourth Amendment rights by compelling his Internet service provider (ISP) to turn over his emails without first obtaining a search warrant based on probable cause.
Carpenter v. United States, 585 U.S. 296 (2018), is a landmark United States Supreme Court case concerning the privacy of historical cell site location information (CSLI). The Court held that government entities violate the Fourth Amendment to the United States Constitution when accessing historical CSLI records containing the physical locations of cellphones without a search warrant.
United States v. U.S. District Court, 407 U.S. 297 (1972), also known as the Keith Case, was a landmark United States Supreme Court decision that upheld, in a unanimous 8-0 ruling, the requirements of the Fourth Amendment in cases of domestic surveillance targeting a domestic threat.