The fact the server on which the emails sought by the government are outside the United States doesn’t mean that the government can’t get them by valid process. The court declines to follow Matter of Warrant to Search a Certain E-Mail Account Controlled & Maintained by Microsoft Corp., 829 F.3d 197 (2d Cir. 2016). In re Two Email Accounts Stored at Google, 2017 U.S. Dist. LEXIS 101691 (E.D. Wis. June 30, 2017).
Defendant’s specific Fourth Amendment claim was not preserved for review. Even if it was, he’d lose on the merits. People v. Salinas, 2017 NY Slip Op 05322, 2017 N.Y. App. Div. LEXIS 5235 (1st Dept. June 29, 2017).*