Warrantless Searches and the Use of Pen Registers in the Internet Age

The Fourth Amendment to the U.S. Constitution states: “The right of the people to be secure … against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause …”

This amendment has been interpreted to protect communications where the individuals have “a reasonable expectation of privacy.” See Katz v. United States, 389 US 347 (1967) (surreptitious recording of telephone conversations in a public telephone booth required a warrant).

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