Disturbing statistics on wiretaps
Mike Godwin
mnemonic at eff.org
Tue Sep 28 12:21:32 PDT 1993
Stig writes:
> It should be noted that although it is illegal for the cops/feds/spooks to tap
> phone lines without a warrant, only illegally-obtained voice communications
> are inadmissible in court. This means that fax and modem communications can
> be illegally intercepted and STILL used in court against you.
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.
--Mike
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