Category Archives: E-mail

D.Ore.: SW for all emails for 6½ months was overbroad; it could be narrowed for word search

A search warrant to Google for all emails from the target’s accounts from October 1, 2016 to April 14, 2017 was overbroad. It was a sex trafficking investigation, but the request can be narrowed because Google can word search and … Continue reading

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D.Minn.: Seizure of emails implicated A-C privilege and are subject to suppression

The defendant raised attorney-client privilege against the seizure of emails to lawyers and then CPAs retained by his tax lawyers. The former was determined to be waived. The latter, however, remained privileged. United States v. Adams, 2018 U.S. Dist. LEXIS … Continue reading

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MD: Use of text messaging is not a waiver of REP for spousal privilege

The state obtained text messages by legal process and admitted them at trial, arguing that the Verizon service agreement was a waiver of any reasonable expectation of privacy in third party records. It is not a waiver of spousal privilege … Continue reading

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SCOTUSBlog: Argument analysis: Justices divided over disclosure of overseas emails

SCOTUSBlog: Argument analysis: Justices divided over disclosure of overseas emails by Amy Howe:

Posted in E-mail, F.R.Crim.P. 41 | Comments Off on SCOTUSBlog: Argument analysis: Justices divided over disclosure of overseas emails

WaPo: Supreme Court to hear Microsoft case: A question of law and borders

WaPo: Supreme Court to hear Microsoft case: A question of law and borders by Ellen Nakashima:

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D.Mass.: Overseizure by retention of unresponsive emails seized under SW doesn’t require suppression of all

Defendant contends that the overseizure and retention of emails obtained by warrant that aren’t relevant to the crime under investigation requires suppression of even that which was validly obtained. No court has gone that far. His creative attempt to extend … Continue reading

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wccftech: Sony Starts Sharing PlayStation 4 Data with the FBI – Begins with a Terror Investigation

wccftech: Sony Starts Sharing PlayStation 4 Data with the FBI – Begins with a Terror Investigation by Rafia Shaikh:

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SCOTUSblog: Symposium: Whatever happens in US v. Microsoft, three themes will persist

SCOTUSblog: Symposium: Whatever happens in US v. Microsoft, three themes will persist

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Cato: For the Purposes of the Fourth Amendment, Does it Matter Where Your Email Is Stored?

Cato: For the Purposes of the Fourth Amendment, Does it Matter Where Your Email Is Stored? by Ilya Shapiro, Trevor Burrus, and Reilly Stephens, re Cato’s amicus brief in United States v. Microsoft.

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Once again, Trump team lawyer doesn’t understand search warrant process (Part 2) | And the President undermines U.S. criminal justice to benefit all suspects

Once again, a Trump team lawyer doesn’t understand the Fourth Amendment. Saying the Fourth Amendment was violated doesn’t make it so. I hear this everyday from my own clients who are far less sophisticated about the law than Trump’s own … Continue reading

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E.D.La.: Not filing motion to suppress but joining in codef’s renewed motion to suppress was waiver

Where one defendant didn’t file a motion to suppress but joined in a renewed motion to suppress of a codefendant, the motion is treated as waived. The procedure attempted circumvents Rule 12. Moreover, he doesn’t even have standing. United States … Continue reading

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Vox: The police can search your email without telling you. That’s nuts.

Vox: The police can search your email without telling you. That’s nuts. by Hannah Bloch-Wehba: So much of our lives today are conducted online that it’s essential that we know who has access to our information. And that’s especially true … Continue reading

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