D.Kan.: Search warrant required for government access to email, following Warshak

Under Warshak, a search warrant is required to access email. In re Search Warrants for Info. Associated with Target Email Address, 2012 U.S. Dist. LEXIS 138465 (D. Kan. September 21, 2012):

The Court finds the rationale set forth in Warshak persuasive and therefore holds that an individual has a reasonable expectation of privacy in emails or faxes stored with, sent to, or received thorough an electronic communications service provider. Accordingly, the Fourth Amendment protections, including a warrant “particularly describing” the places to be searched and communications to be seized, apply to a search warrant seeking such communications. A warrant seeking stored electronic communications such as emails or faxes therefore should be subject to the same basic requirements of any search warrant: it must be based on probable cause, meet particularity requirements, be reasonable in nature of breadth, and be supported by the affidavit.