The Fourth Amendment does not apply to the use of pen registers and trap and trace devices because

Question

Quizplus · Accepted Answer

The use of pen registers and trap and trace devices only capture phone numbers and do not involve the content of the communication. Therefore, there is no expectation of privacy regarding phone numbers and the Fourth Amendment does not apply to their use. This has been established in court cases such as Smith v. Maryland (1979). The PATRIOT Act made changes to surveillance laws, but it did not completely eliminate rights against unreasonable search and seizure. Option B is incorrect because there is no implied consent to search such devices. Option D is incorrect because these devices can be used against both Americans and foreigners.

The Fourth Amendment Does Not Apply to the Use of Pen