posted on Aug, 17 2013 @ 07:04 PM
I talked to my aunt about this, she is a defense attorney that works on death penalty cases. Since the fourth amendment specifically states that both
the person and the place must be identified as well as probable cause before a warrant is issued,
This means that, for example, if there is probable cause, the law enforcement agencies could then get a warrant issued for a certain person and their
specific e-mail account and retrieve those records.
If someone else's criminal activities were found in that investigation, they would not be allowed in court.
In the same sense, dragnet surveillance methods (like stop-and-frisk) are blatantly unconstitutional and highly likely to be found that way, if
challenged in court.
I asked her about how federal agencies are being trained to recreate how they obtained information when dealing with this in court, and she said that
if one suspects this and knows to, they can ask for the data trail and investigate how the incriminating information was obtained -
If it was obtained in a fraudulent or unconstitutional manner, the case would be thrown out of court.
And this is how it honestly works in case anyone wants to know how to defend your 4th amendment rights.
Basically, if you understand the Fourth Amendment and know to bring it up in court, you are basically guaranteed that your case is either going to be
thrown out or sent up until it reaches the Supreme Court.
At which point, it would be pretty much guaranteed to be found in your favor.