Does any,or both, of these 2, violate a person's 4th amendment rights?
If the FBI agents discover that many of [email protected] emails were sent to or
received from email addresses with sexually suggestive suffixes, such as @naughtygirl.com, and
1)they consider going to the websites corresponding to the suggestive addresses, e.g., www.naughtygirl.com, and read what’s available on those sites
2) they consider installing a device, with Google’s assistance, that will record the url’s of each web page that Mr.A visits.Oh, I should also add that this gets the spotlight because Mr.A engages in sex tourism and he uses that email address to make arrangements for his sex tours. These are all hypothetical, of course.
When it comes to the 4th Amendment, one of the most basic questions is whether Mr. A should have a "reasonable expectation of privacy."
So lets say that the FBI learns about Mr. A's... proclivities by noticing that Mr. A sends a lot of emails to some questionable people. Note that the FBI doesn't actually need to see the contents of the email, it is the addressee that raises the suspicion. This is no different than a Postal Inspector looking at the OUTSIDE of an envelope addressed to, say, Osama bin Laden or John Gotti. They don't need to see the INSIDE to be reasonably suspicious.
Also? The way email is bounced around the net and routed, it is unlikely that anyone can claim a reasonable expectation of privacy in the addressee. So the FBI is suspicious of Mr. A based on with whom he corresponds, so they get a warrant, or a subpoena, or something, for the contents of the emails. As to whether the specific actions taken are constitutional depends on many subtle factors too complex for an AVVO question.
So can the FBI "install a device" to keep track of your webviewing? They probably don't have to — it's called Google History. You probably have it turned on don't even know it. Google turns the history info over upon receipt of a proper subpoena.
So Mr. A woud be well advised to find a new hobby. Soon.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline