{"id":4851,"date":"2010-12-03T06:47:12","date_gmt":"2010-11-03T11:45:40","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-11-03T11:45:40","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4851","title":{"rendered":"D.D.C.: SW to e-mail provider does not require notice to account holder"},"content":{"rendered":"

A search warrant for information about an e-mail account does not require notice to the account holder, just the provider. Application for Warrant for E-mail Account [Redacted]@gmail.com<\/a>, No. 10-291-M-01 (November 1, 2010):<\/p>\n

In the absence of textual or legislative guidance, this Court concludes that all of Rule 41\u2019s procedural provisions apply to Section 2703(b)(1)(A), including Rule 41(f)(1)(C). As described below, however, 41(f)(1)(C) is satisfied by leaving a copy of the warrant with a third-party ISP.<\/p>\n

Magistrate Judge Facciola\u2019s Memorandum Order refers to \u201cthe notice thus required by Rule 41.\u201d Mem. Order at 7. As the government notes, however, the relevant portion of Rule 41 does not include the word \u201cnotice.\u201d Rather, Rule 41(f)(1)(C) requires that:<\/p>\n

The officer executing the warrant must give a copy of the warrant and a receipt for the property taken to the person from whom, or from whose premises, the property was taken or leave a copy of the warrant and receipt at the place where the officer took the property. Rule 41 thus allows an officer to give a copy of the warrant and receipt to the person from whose premises the property is taken, even if that person does not own the property. There is no separate requirement that the property\u2019s owner receive a copy of the warrant, a receipt, or any form of notice. Thus, the Eighth Circuit found that police complied with a state rule of criminal procedure virtually identical to Rule 41(f) when they left a copy of their warrant and a receipt at the Federal Express facility from which they had received the package. United States v. Zacher<\/a>, 465 F.3d 336, 339 (8th Cir. 2006). The court held that it was therefore \u201cimmaterial\u201d to notify the defendant of the seizure. Id.<\/p>\n

Analogizing Zacher, the district court in In the Matter of the Application of the United States of America for a Search Warrant<\/a>[, 665 F. Supp. 2d 1210 (D. Ore. 2009)] found that the government satisfied Rule 41(f)(1)(C) by serving ECPA warrant on the third-party ISPs.<\/p><\/blockquote>\n

See Blog of the Legal Times<\/a> and PogoWasRight.org<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4851","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4851","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4851"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4851\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4851"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4851"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4851"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}