SEARCH WARRANT

The Fourth Amendment applies. Law enforcement must

obtain a search warrant issued upon a showing of
probable cause.

IN DISPUTE
Law enforcement must obtain an administrative, grand
jury, or trial subpoena under 18 U.S.C. § 2703(b)(1)(B).
Notice can be delayed under 18 U.S.C. § 2705.
However, the Sixth Circuit held in United States v.
Warshak (2010) that the Fourth Amendment requires a
warrant issued upon a showing of probable cause.

TITLE III INTERCEPTION ORDER

Law enforcement must obtain a court order authorizing
the interception of electronic communication under 18
U.S.C. § 2516. In addition to showing probable cause, law
enforcement must demonstrate that normal investigative
procedures have failed, are likely to fail, or are too
dangerous.

JUDICIAL WARRANT

Law enforcement must obtain a warrant issued upon a

showing of probable cause under 18 U.S.C. § 2703(a).

IN DISPUTE
Under the Department of Justice interpretation, law
enforcement must obtain an administrative, grand jury,
or trial subpoena.
However, the Ninth Circuit held in Theofel v. Farey Jones
(2003) that opened emails are in “electronic storage” and
as such are protected by the warrant requirement in 18
U.S.C. § 2703(a).

IN DISPUTE
Under 18 U.S.C. § 2703(b)(1)(B), law enforcement must
obtain an administrative, grand jury, or trial subpoena.
However, the Sixth Circuit in United States v. Warshak
th
(2010) ruled that under the 4 Amendment, law
enforcement must obtain a search warrant issued upon a
showing of probable cause.