Pen registers and trap-and-trace devices are not considered forms of searches and do not need probable cause and a court order because subscribers waive their rights to privacy when using devices such as cell phones or telephones.

Question

Quizplus · Accepted Answer

Pen registers and trap-and-trace devices are considered forms of surveillance by the courts, and while they do not capture the content of communications, their use typically requires a court order. The standard for obtaining a court order for these devices is generally lower than the probable cause requirement for a search warrant, but it is incorrect to say that users waive all rights to privacy or that no court order is needed.

Pen Registers and Trap-And-Trace Devices Are Not Considered Forms of Searches