Earlier this month, a state appellate court issued an opinion in a New York drug case, affirming the defendant’s conviction. The court’s opinion, although brief, discusses what has come to be known as an eavesdropping warrant.
The Fourth Amendment to the United States Constitution protects all individuals against unreasonable searches and seizures. Over the years, courts have generally held that, to be “reasonable,” a search must be supported by probable cause. Most often, this requires law enforcement to obtain a warrant to conduct a search. Of course, there are certain situations when a warrant is not needed, such as if the officer observes illegal conduct, or the search is conducted incident to a lawful arrest.
Absent an exception to the warrant requirement, law enforcement must obtain a warrant to search a person, their home, their car, or any other private area. Often, law enforcement officers want to search a physical place; however, if they want to search a suspect’s electronic communications, different rules apply.