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The Fourth Amendment - Implications of Technological Shifts and Selected Trends (Hardcover)
Loot Price: R3,181
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The Fourth Amendment - Implications of Technological Shifts and Selected Trends (Hardcover)
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Before there were emails, instant messaging, and other forms of
electronic communication, it was much easier for the courts to
determine if a government investigation constituted a Fourth
Amendment "search." If the police intruded on your person, house,
papers, or effectstangible property interests listed in the text of
the Fourth Amendmentthat act was considered a search, which had to
be "reasonable" under the circumstances. However, with the advent
of intangible forms of communication, like the telephone or the
Internet, it became much more difficult for judges to determine
when certain surveillance practices intruded upon Fourth Amendment
rights. With these legal, social, and technological trends in mind,
this book explores the third party-doctrine, including its
historical background, its legal and practical underpinnings, and
its present and potential future applications. It explores the
major third-party doctrine cases and fits them within the larger
Fourth Amendment framework. It surveys the various doctrinal and
practical arguments for and against its continued application.
Lastly, this book describes congressional efforts to supplement
legal protection for access to third-party records, as well as
suggesting possible future directions in the law.
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