The Fourth Amendment of the United States Constitution guarantees personal privacy by limiting the government’s ability to conduct searches and seizures in the absence of probable cause. When the government believes that an individual has been involved in criminal activity, a search warrant must be obtained from a judge before a search is conducted. In order to obtain a search warrant, the government must produce evidence that the search will likely reveal the existence of the alleged criminal activity, details concerning the place to be searched, and the things to be seized. In the context of electronic communications, such as email, upholding Fourth Amendment protection has become increasingly complex as the law has been slow to adapt to changes in technology.
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