Brown v. Waddell

Vacated and remanded by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Senior Judge BUTZNER and Senior Judge YOUNG joined.

OPINION

PHILLIPS, Senior Circuit Judge:

This appeal requires us to determine whether, for purposes of the Federal Electronic Communications Privacy Act of 1986 (ECPA) and relevant state law, a “pager clone” such as two used by a law enforcement officer to monitor numeric messages received by a suspect’s digital display pager in this case is effectively a “pen register.” If it is, the procedures followed to authorize the use here were legally proper; if…