An excerpt from the Fourth Amendment reads: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Suspecting a Mr. Dayley of running an illegal gambling and loan sharking operation, the FBI obtained a federal search warrant. The FBI entered the residence of Mr. Dayley and searched through various records.
Suspecting most of the records were contained on a personal computer, the FBI began attempting to access the computer’s various files. Unable to access the needed files because of password barriers, the FBI installed a system known as a key logger system (KLS). This system was able to determine the keystrokes made on a computer and thus allowed the FBI to discover the password needed to enter the incriminating files. The discovery led to the gathering of evidence linking Mr. Dayley to the suspected illegal operation.4 Were Mr. Dayley’s Fourth Amendment rights violated?