For decades, at least until a few years ago, the application of a particular search and seizure principle had been considered “hornbook law.” That is until communications conveyed by technological means came into our daily existence.
That principle is often called the “third-party rule.” Simply put, any communication occurring between two parties that would otherwise be protected from warrantless acquisition by law enforcement loses its privacy protection if also communicated to a third party. Put another way, constitutional protections that would normally be afforded by the Fourth Amendment disappear when oral or written communications are shared with a third party.
