Ukrainian Law Blog
Freedom means the supremacy of human rights everywhere
Wednesday, November 22, 2017
The justices return to cellphones and the Fourth Amendment: In Plain English
In 1976, in
United States v. Miller
, the Supreme Court ruled that the bank records of a man accused of running an illegal whiskey-distilling operation were not obtained in violation of the Fourth Amendment, even though law-enforcement officials did not have a warrant, because the bank records contained “only information voluntarily conveyed to the banks and exposed to their employees in the ordinary course of business.” Three years later, in
Smith v. Maryland
, the justices ruled that no Fourth Amendment violation had occurred when, without a warrant and at the request of the police, the phone company installed a device to record all of the phone numbers that a robbery suspect called from his home, leading to his arrest.
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