Disturbing statistics on wiretaps
smb at research.att.com
smb at research.att.com
Tue Sep 28 17:16:35 PDT 1993
The same is true of e-mail over the Internet--there is no
statutory exclusionary rule that would prvent its
admissibility in court. It is at least theoretically possible,
however, to exclude illegally seized communications of these
sorts using a "pure 4th Amendment" (nonstatutory) exclusionary
rule.
Don't hold your breath, though.
Do you really think that? One could argue, fairly strongly, that the
rules set forth in the ECPA have created an expectation of privacy,
and that a violation of that expectation would be exactly the violation
of the 4th Amendment that the Supreme Court addressed in the 1967
decision that led to the original wiretap provisions in the Omnibus
Crime Control and Safe Streets Act.
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