What are the implications of the Fourth Amendment when it comes to the search and seizure of electronic communications?

California, United States of America


The following excerpt is from People v. Bravo, 238 Cal.Rptr. 282, 43 Cal.3d 600, 738 P.2d 336 (Cal. 1987):

"The protections of the Fourth Amendment are of a wholly different order, and have nothing whatever to do with promoting the fair ascertainment of truth at a criminal trial.... The guarantees of the Fourth Amendment stand 'as a protection of quite different constitutional values--values reflecting the concern of our society for the right of each individual to be let alone....' [Citation.] [p ] Nor can it even be said that a search, as opposed to an eventual trial, is somehow 'unfair' if a person consents to a search.... [T]here is nothing constitutionally suspect in a person's voluntarily allowing a search.... And, unlike those constitutional guarantees that protect a defendant at trial, it cannot be said every reasonable presumption ought to be indulged against voluntary relinquishment." (Schneckloth v. Bustamonte, supra, 412 U.S. at pp. 241-243, 93 S.Ct. at pp. 2055-2056.)

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