United States v. Forrester
United States Court of Appeals for the Ninth Circuit
495 F.3d 1041 (2007)

- Written by Alex Ruskell, JD
Facts
Mark Forrester and Dennis Alba (defendants) were the subject of a lengthy government investigation of a large Ecstasy-manufacturing laboratory. During the investigation, the government used computer-surveillance software that monitored Alba’s email and Internet activity. The software enabled the government to learn the to/from addresses of Alba’s email messages, the Internet-protocol addresses of websites that Alba visited, and the total volume of information transmitted to and from Alba’s Internet account. After Forrester and Alba were convicted of various drug offenses, they appealed to the United States Court of Appeals for the Ninth Circuit, arguing that the government’s use of the computer-surveillance software was an unlawful search under the Fourth Amendment to the United States Constitution.
Rule of Law
Issue
Holding and Reasoning (Fisher, J.)
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