Legal Opinion

In Re Sealing & Non-Disclosure of Pen/Trap/2703(D) Orders

District Court, S.D. Texas

Decided May 30, 2008No. Magistrate H-08-218M, H-08-219MPublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

STEPHEN WM. SMITH, United States Magistrate Judge.

Cell phones and e-mail play just as big a role in criminal investigations as they do in everyday life. Two federal statutes 1 authorize law enforcement to compel telephone companies and Internet service providers to allow real-time monitoring of customer telephone and Internet usage (non-content), and to turn over customer phone records, cell site locations, stored emails, and other account information. Both statutes require a court order authorizing these forms of electronic surveillance in the course of a criminal…

2Cases cited57 opinions

  1. Nixon v. Warner Communications, Inc.Supreme Court of the United States · 1978
  2. Sheppard v. MaxwellSupreme Court of the United States · 1966
  3. Olmstead v. United StatesSupreme Court of the United States · 1928
  4. Richmond Newspapers, Inc. v. VirginiaSupreme Court of the United States · 1980
  5. Seattle Times Co. v. RhinehartSupreme Court of the United States · 1984

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3Cited by14 opinions

  1. In re the United States for an Order Authorizing Prospective & Continuous Release of Cell Site Location RecordsDistrict Court, S.D. Texas · 2014
  2. Microsoft Corp. v. United States Department of JusticeDistrict Court, W.D. Washington · 2017
  3. In re the Search Warrant for [redacted].comDistrict Court, C.D. California · 2017
  4. In re the Search Warrant for: [Redacted]@Hotmail.comDistrict Court, N.D. California · 2014
  5. In re Search Warrant Issued to Google, Inc.District Court, N.D. Alabama · 2017

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