Results 1 to 2 of 2
  1. #1
    Join Date
    Aug 2008
    Posts
    2

    Default Wiretaps and the Fourth Amendment

    My question involves the Fourth Amendment of US Constitution.

    The Fourth Amendment gives a person a constitutional right of privacy, in his home office or other effects, and as later interpreted by the Supreme Court to include wiretapping. All this, of course, in absence of a warrant. A warrant can be issued by a magistrate after a showing of probable cause, and has to be very particular as to who, where and what is to be searched or seized.

    My question is, in a case where a warrant to tap "Doe's" lines was issued, only his rights were thereby waived, the warrant doesn't waive the rights of the other parties to the conversations, (unless the names of these people were listed in the warrant), if so doesn't this make every warranted wiretap unconstitutional on part of the unnamed parties to the conversations?




    (If you believe this question belongs in a different forum please advise.)

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Wiretaps and the Fourth Amendment

    If the warrant permits eavesdropping on a telephone #, any party who is active on that line is fair game as telephones are "two or more party" devices.

    Scenario. A warrant is authorized to tap Mr. X's phone, he has a conference call involving 10 people. If any evidence of a crime is found to be charged against any person a party to such call, it is constitutional.

    I have never read any wiretap case law permitting a charge ONLY against the person named in the warrant, receiving or sending line.

    1. Sponsored Links
       

Similar Threads

  1. Search and Seizure: Violation of Fourth Amendment
    By kcinnc in forum Criminal Procedure
    Replies: 13
    Last Post: 11-20-2008, 09:13 PM
  2. Search and Seizure: Fourth Amendment Violation
    By jujubr in forum Criminal Procedure
    Replies: 7
    Last Post: 11-19-2008, 06:51 AM
  3. Search and Seizure: Vehicle Searches and the Fourth Amendment
    By treat54 in forum Criminal Procedure
    Replies: 9
    Last Post: 07-22-2008, 02:07 AM
  4. Fourth Amendment Rights
    By Rex39 in forum Police Investigations
    Replies: 4
    Last Post: 09-02-2007, 12:25 AM
  5. Search and Seizure: Fourth Amendment Rights
    By sfas in forum Criminal Procedure
    Replies: 1
    Last Post: 07-06-2005, 07:52 PM
 
 
Sponsored Links

Legal Help, Information and Resources