July 11, 2008

The 'Lectric Law Library's Legal Lexicon On * FOURTH AMENDMENT *

U.S. Constitution:

FOURTH AMENDMENT - 'The 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.' ...Complete Discussion w/Case Law...

Another site with many cases:

U.S. Supreme Court:
Katz v. United States, 389 U.S. 347 (1967)

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Indiana convicted sex offender computer search law unconstitutional under Fourth Amendment (excellent discussion)

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Reasonable expectation of privacy exists in e-mail:

STEVEN WARSHAK, Plaintiff-Appellee, -v- UNITED STATES OF AMERICA,

The district court correctly determined that e-mail users maintain a reasonable expectation of privacy in the content of their e-mails, and we agree that the injunctive relief it crafted was largely appropriate, although we find necessary one modification. On remand, the preliminary injunction should be modified to prohibit the United States from seizing the contents of a personal e-mail account maintained by an ISP in the name of any resident of the Southern District of Ohio, pursuant to a court order issued under 18 U.S.C. § 2703(d), without either (1) providing the relevant account holder or subscriber prior notice and an opportunity to be heard, or (2) making a fact-specific showing that the account holder maintained no expectation of privacy with respect to the ISP, in which case only the ISP need be provided prior notice and an opportunity to be heard.

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