Category Archives: E-mail

S.D.N.Y.: Govt satisfied § 2705(b) nondisclosure requirements; NDO didn’t violate 1A

The government showed a justifiable basis for a nondisclosure order (NDO) under 18 U.S.C. § 2705(b) of the order directed to Google for six email accounts. Assuming strict scrutiny applied, the government showed it because nondisclosure could prevent compromising an … Continue reading

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CA1: Alleged overseizure of email under SW would only require partial suppression; def doesn’t identify that which was overseized

Defendant’s motion to suppress electronic data acquired by a Rule 41(e)(2)(B) search warrant on his email account was properly denied. Based on the absence of a time limit in the warrant, it was not unreasonable to interpret the warrant to … Continue reading

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E.D.Mich.: No ex ante opportunity for email account holder to challenge SW

Targets of an email search warrant lack standing to challenge the search warrant ex ante, before execution. They must do so after. In the Matter of the Search of Records, Information, and Data Associated with 14 Email Addresses Controlled by … Continue reading

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Law360: Lawmakers Push To Extend Atty-Client Shield To Prison Emails

Law360: Lawmakers Push To Extend Atty-Client Shield To Prison Emails by RJ Vogt:

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Law360: Lawmakers Push To Extend Atty-Client Shield To Prison Emails

Law360: Lawmakers Push To Extend Atty-Client Shield To Prison Emails by RJ Vogt:

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S.D.N.Y.: Typo in SW for emails could be overlooked in “common sense,” nontechnical reading

There was a typo in the affidavit for search warrant for emails, and the government procured another. The typo wasn’t even material because a “common sense” reading of the whole affidavit shows it was typographical error that could be overcome. … Continue reading

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The Federalist: The Feds Don’t Need To Tell You Or Get A Warrant To Collect Your Emails And Phone Records

The Federalist: The Feds Don’t Need To Tell You Or Get A Warrant To Collect Your Emails And Phone Records by Leslie McAdoo Gordon.

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E.D.N.Y.: Email SWs are treated the same as hard drive warrants: The entirety may be seized so it can be searched by keyword

Email search warrants are treated the same as hard drive warrants: The entirety may be seized so it can be searched by keyword to find relevant material. Moreover, the good faith exception applies. United States v. Chalavoutis, 2019 U.S. Dist. … Continue reading

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D.Ore.: No REP in a govt computer and email where there were banner warnings at every sign in

Defendant’s government work emails were searched without a warrant, and it’s clear, based on warnings on the computer at every sign in and regular training, that he was well aware everything on the computer has no reasonable expectation of privacy. … Continue reading

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D.Idaho: Failure to tell USMJ that a trash pull came up empty wasn’t material when there was more that did show PC; wouldn’t have changed outcome

Omission to tell the USMJ that a trash search of defendant’s house came up empty didn’t undermine the other probable cause, wouldn’t have changed the outcome, and wasn’t a Franks issue. The same here about defendant’s alleged travels: Omissions don’t … Continue reading

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D.Nev.: Email SW limited to a date range and containing keywords was particular

Email search warrant limited to a date range and containing keywords was particular. United States v. Cariani, 2019 U.S. Dist. LEXIS 177059 (D. Nev. Oct. 10, 2019):

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WaPo: DEA, IRS reviewed cache of emails amid ongoing criminal probe into Baltimore lawyers

WaPo: DEA, IRS reviewed cache of emails amid ongoing criminal probe into Baltimore lawyers by Tim Prudente:

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