Legal Opinion

United States v. Byron Lester Thompson

Court of Appeals for the Eleventh Circuit

Decided July 30, 1991No. 90-8343PublishedCited by 60 opinions

1Opinion of the Court

RONEY, Senior Circuit Judge:

We hold that information obtained from a pen register placed on a telephone can be used as evidence in a criminal trial even if the court order authorizing its installation does not comply with the statutory requirements. The Supreme Court has held that the installation of a pen register does not constitute a search under the Fourth Amendment of the Constitution and does not warrant invocation of the exclusionary rule. Smith v. Maryland, 442 U.S. 735, 99 S.Ct. 2577, 61 L.Ed.2d 220 (1979). The statute providing for pen registers also does not require the exclusion…

2Cases cited13 opinions

  1. Smith v. MarylandSupreme Court of the United States · 1979
  2. Immigration & Naturalization Service v. Lopez-MendozaSupreme Court of the United States · 1984
  3. Miller v. United StatesSupreme Court of the United States · 1958
  4. United States v. CaceresSupreme Court of the United States · 1979
  5. United States v. Alvin Frazin, United States of America v. Ronald Mark MillerCourt of Appeals for the Ninth Circuit · 1986

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3Cited by60 opinions

  1. United States v. Sonya Evette SingletonCourt of Appeals for the Tenth Circuit · 1998
  2. United States v. DaccarettCourt of Appeals for the Second Circuit · 1993
  3. United States v. ForresterCourt of Appeals for the Ninth Circuit · 2008
  4. Rehberg v. PaulkCourt of Appeals for the Eleventh Circuit · 2010
  5. United States v. Jose Lombera-CamorlingaCourt of Appeals for the Ninth Circuit · 2000

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