For example, a governmental entity may obtain disclosure from an electronic communication service of the content of a communication stored for 180 days or less only with a warrant issued by a magistrate upon probable cause and in accordance with the applicable federal or state warrant procedures
. Older communications held by an electronic communication service, or communications held for storage by a remote computing service, may be obtained either without notice to the subscriber pursuant to a warrant or with prior notice to the subscriber if the government uses a subpoena or obtains a court order for disclosure under subsection (d).
Warrant procedures for electronic communication records sought under [section] 2703(c)(1)(A) are no different than other warrants and thus are subject to the same constitutional requirements.
Federal and state warrant procedures emphatically require a showing of probable cause to use a tracking device in criminal investigations.
(64.) Section 2703(c)(1)(A) relies on "the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State Court, issued using State warrant procedures)." Id.
Notably, warrant procedures should be updated, building especially on the idea of return, which requires the government to return items taken as part of an investigation once they are not needed.
I show how associational freedom informs and shapes warrant procedures for forward-looking surveillance, especially when technology allows the government to watch and track us easily and at low cost.
As we will see, modern warrant procedures emerged to manage the tension between policing and associational freedom.
The court did present a detailed comparison of FISA and Title III warrant procedures, concluding that the two provided virtually equivalent protections to targets.
In light of the problems with warrant procedures in the foreign intelligence context, this area of the law is particularly ripe for a reasonableness regime.
The city appealed and the appeals court affirmed, finding that the city's detention of the arrestee deprived him of a significant liberty interest and that the city's warrant procedures
constituted "policies" for the purposes of [section] 1983.
In fact, Parliament has enacted many forms of search and seizure warrant procedures
, and the police agencies across Canada learned how to conduct their investigations and use the new provisions.
These records are generally kept for the government's benefit, and the government need not go through warrant procedures
to review them.