Category Archives: E-mail

D.Vt.: Delay in searching one cell phone here leads to suppression but not as to a second one

Considering the four factors to consider in the delay in searching defendant’s cell phone, all the factors favor him. As to the exclusionary rule, “Because there is an ‘appreciable deterrent value’ in suppressing the evidence from the 9/15/22 Warrant, as … Continue reading

Posted in Cell phones, E-mail, Pretext | Comments Off on D.Vt.: Delay in searching one cell phone here leads to suppression but not as to a second one

D.D.C.: Sentence enhanced for destruction of subpoenaed emails found in later search

The government subpoenaed emails from defendant. Suspecting that some were deleted, a search warrant was issued for his account, and the missing emails were found. Thus, the sentence was enhanced for destruction of evidence under U.S.S.G. § 3C1.1. United States … Continue reading

Posted in E-mail, Nexus, Standing | Comments Off on D.D.C.: Sentence enhanced for destruction of subpoenaed emails found in later search

CA11: Inmate email has same 1A protection snail mail does

Prison email to family members is protected by the First Amendment. “Just as the Fourth Amendment protects against searches by technology unknown in the 18th century, see Kyllo v. United States, 533 U.S. 27, 34-38 (2001), the First Amendment protects … Continue reading

Posted in Administrative search, E-mail, Excessive force, Prison and jail searches | Comments Off on CA11: Inmate email has same 1A protection snail mail does

E.D.Tex.: No right to ex ante notice of email SW to challenge it before execution; remedy is after

An email account holder does not have a right to notice before execution of an email warrant. Moreover, he or she has no standing to challenge a search warrant for email before the warrant is executed. In re Search of … Continue reading

Posted in E-mail, Warrant execution | Comments Off on E.D.Tex.: No right to ex ante notice of email SW to challenge it before execution; remedy is after

CA2: Is the SW description for electronic data “the best that could reasonably be expected under the circumstances”

In a warrant for electronic data, “the Fourth Amendment does not demand ‘a perfect description of the data to be searched and seized.’ … Rather, ‘some ambiguity’ is permitted ‘so long as law enforcement agents have done the best that … Continue reading

Posted in Computer and cloud searches, Consent, E-mail, Particularity, Probable cause | Comments Off on CA2: Is the SW description for electronic data “the best that could reasonably be expected under the circumstances”

NC: Dog sniff of package in mail stream reasonable

A dog sniff of a package in the mail stream is reasonable. There is no reasonable expectation of privacy from a dog sniff there. State v. Teague, 2022-NCCOA-600, 2022 N.C. App. LEXIS 748 (Nov. 1, 2022). Defendants’ motion in limine … Continue reading

Posted in Dog sniff, E-mail, Inevitable discovery, Mail and packages, Standing | Comments Off on NC: Dog sniff of package in mail stream reasonable

The Recorder: Court Can’t Grant Request to Return John Eastman’s Emails, Jan. 6 Committee Says

The Recorder: Court Can’t Grant Request to Return John Eastman’s Emails, Jan. 6 Committee Says (“The committee said constitutional provisions, and Eastman’s own late filing, should end his appeal.”)

Posted in E-mail, Rule 41(g) / Return of property | Comments Off on The Recorder: Court Can’t Grant Request to Return John Eastman’s Emails, Jan. 6 Committee Says

E.D.Va.: Drug paraphernalia was in plain view before flashlight put through window

Drug paraphernalia seen from outside the vehicle before sticking a flashlight in the window was a valid plain view. United States v. Johnson, 2022 U.S. Dist. LEXIS 149401 (E.D. Va. Aug. 19, 2022).* There was probable cause for plaintiff’s prosecution, … Continue reading

Posted in E-mail, Plain view, feel, smell, Probable cause, Social media warrants | Comments Off on E.D.Va.: Drug paraphernalia was in plain view before flashlight put through window

NY Nassau: 14 days pole camera surveillance of def’s residence not unreasonable under 4A or state constitution

Pole camera surveillance of a homeless shelter for 14 days observing defendant coming and going was not an unreasonable search under the state or federal constitution, even if it was his home. People v. Destefano, 2022 NY Slip Op 22052, … Continue reading

Posted in E-mail, Issue preclusion, Standing | Comments Off on NY Nassau: 14 days pole camera surveillance of def’s residence not unreasonable under 4A or state constitution

E.D.Ky.: Sex offense victim’s uncorroborated statements supported issuance of SW for defendant’s email account

Sex offense victim’s uncorroborated statements supported issuance of a warrant for defendant’s email account. A victim is not treated the same as an informant for probable cause purposes. United States v. Deleon, 2021 U.S. Dist. LEXIS 182049 (E.D.Ky. Sept. 23, … Continue reading

Posted in E-mail, Informant hearsay, Issue preclusion, Pretext | Comments Off on E.D.Ky.: Sex offense victim’s uncorroborated statements supported issuance of SW for defendant’s email account

CA9: Police exceeded Google’s private search of email

Google viewed defendant’s email attachments and reported child pornography, but when police got their hands on it, they exceeded the private search. United States v. Wilson, 2021 U.S. App. LEXIS 28569 (9th Cir. Sept. 21, 2021):

Posted in E-mail, Private search | Comments Off on CA9: Police exceeded Google’s private search of email

CA9 & TX 11: Video of use of force shows it reasonable

“Here, viewing the sequence of events as depicted in the videotapes, we conclude that no material facts are in genuine dispute and that a reasonable factfinder would necessarily find that the officers’ use of force was objectively reasonable.” Amons v. … Continue reading

Posted in E-mail, Excessive force | Comments Off on CA9 & TX 11: Video of use of force shows it reasonable

S.D.N.Y.: Lev Parnas can’t get discovery of Rudy Giuliani search for his own emails

Lev Parnas seeks discovery of Rudy Giuliani’s later search warrant return for his own emails. Denied as cumulative. He already has them. United States v. Parnas, 2021 U.S. Dist. LEXIS 131253 (S.D. N.Y. July 14, 2021).* Officers conducting the stop … Continue reading

Posted in Automobile exception, E-mail, Franks doctrine | Comments Off on S.D.N.Y.: Lev Parnas can’t get discovery of Rudy Giuliani search for his own emails

NPR: When It Comes To Email, Some Prisoners Say Attorney-Client Privilege Has Been Erased

NPR: When It Comes To Email, Some Prisoners Say Attorney-Client Privilege Has Been Erased by Carrie Johnson:

Posted in E-mail, Privileges | Comments Off on NPR: When It Comes To Email, Some Prisoners Say Attorney-Client Privilege Has Been Erased

CA3: No REP in non-legal jail email

There is no reasonable expectation of privacy in inmate non-legal jail email. Robinson v. Pennsylvania Dep’t of Corr., 2021 U.S. App. LEXIS 7900 (3d Cir. Mar. 18, 2021). Defendant consented to come in to talk about the investigation and to … Continue reading

Posted in Consent, E-mail, Excessive force, Prison and jail searches | Comments Off on CA3: No REP in non-legal jail email

D.P.R.: When emails are searched, a taint team isn’t always required; a large amount may be seized for later search

Ex ante search restrictions are rare. The warrant process is concerned with what may be searched for and seized, not necessarily how, and a taint teams isn’t always required. The officers could seize a large number of emails and then … Continue reading

Posted in E-mail, Particularity | Comments Off on D.P.R.: When emails are searched, a taint team isn’t always required; a large amount may be seized for later search

CA9: Husband hacking wife’s work emails for divorce advantage violated SCA

Husband’s interception of his wife’s work emails for advantage in their divorce case violated the Stored Communications Act as well as her right of privacy. The district court erred in granting him summary judgment. Clare v. Clare, 19-36039 (9th Cir. … Continue reading

Posted in Digital privacy, E-mail, Search, Stored Communications Act | Comments Off on CA9: Husband hacking wife’s work emails for divorce advantage violated SCA

D.Idaho: Broad email warrants are not per se unreasonable

Broad email search warrants were not unreasonable just because they were broad. The breadth of the financial crime under investigation justifies it. In addition, the good faith exception applies and it’s too early to tell if any has to be … Continue reading

Posted in E-mail, Particularity, Warrant execution | Comments Off on D.Idaho: Broad email warrants are not per se unreasonable

D.Ariz.: Overseizure of emails by SW didn’t require suppression of all; GFE also applies

This search warrant was issued in a SSA fraud case alleging a decade of false claims. The search warrant was sufficiently particular and not overbroad. The fact the period of the alleged offense was through January 2014 did not prohibit … Continue reading

Posted in E-mail, Exclusionary rule, Nexus, Overseizure | Comments Off on D.Ariz.: Overseizure of emails by SW didn’t require suppression of all; GFE also applies

E.D.Wash.: Seizure of e-mails between def and lawyer prior to adversary proceedings didn’t violate 6A

The seizure of defendant’s emails between him and his lawyer didn’t violate the Sixth Amendment when adversary proceedings had not yet begun – defendant wasn’t indicted for more than a year later. United States v. Smith, 2020 U.S. Dist. LEXIS … Continue reading

Posted in E-mail, Privileges | Comments Off on E.D.Wash.: Seizure of e-mails between def and lawyer prior to adversary proceedings didn’t violate 6A