Answer to Question 1
The courts must determine whether a search occurred when advanced technology is used. The different types of technology each represent their own issues. With thermal imaging, the courts had to decide if measuring heat from a house using technology not readily available to the public was a search. GPS tracking required determining if a search had occurred when placing a tracking device on a vehicle that would be entering a constitutionally protected space (private property). Regarding email, the courts had to decide whether email communication is private and deserving of constitutional protection. Finally, regarding smartphones, courts had to determine if text messages are protected by the Fourth Amendment.
Answer to Question 2
According to the SCOTUS-created third-party doctrine (based on the assumption of risk theory): whenever people knowingly reveal incriminating secrets, they assume the risk that false friends will use the secrets against them in criminal cases. In other words, if a person tells secrets to someone they trust, and the trusted party turns out to be a government agent, it is the person's own fault. The third-party doctrine is important because it allows law enforcement officers to work undercover.
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