Category Archives: E-mail

NPR: When It Comes To Email, Some Prisoners Say Attorney-Client Privilege Has Been Erased

NPR: When It Comes To Email, Some Prisoners Say Attorney-Client Privilege Has Been Erased by Carrie Johnson:

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CA3: No REP in non-legal jail email

There is no reasonable expectation of privacy in inmate non-legal jail email. Robinson v. Pennsylvania Dep’t of Corr., 2021 U.S. App. LEXIS 7900 (3d Cir. Mar. 18, 2021). Defendant consented to come in to talk about the investigation and to … Continue reading

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D.P.R.: When emails are searched, a taint team isn’t always required; a large amount may be seized for later search

Ex ante search restrictions are rare. The warrant process is concerned with what may be searched for and seized, not necessarily how, and a taint teams isn’t always required. The officers could seize a large number of emails and then … Continue reading

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CA9: Husband hacking wife’s work emails for divorce advantage violated SCA

Husband’s interception of his wife’s work emails for advantage in their divorce case violated the Stored Communications Act as well as her right of privacy. The district court erred in granting him summary judgment. Clare v. Clare, 19-36039 (9th Cir. … Continue reading

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D.Idaho: Broad email warrants are not per se unreasonable

Broad email search warrants were not unreasonable just because they were broad. The breadth of the financial crime under investigation justifies it. In addition, the good faith exception applies and it’s too early to tell if any has to be … Continue reading

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D.Ariz.: Overseizure of emails by SW didn’t require suppression of all; GFE also applies

This search warrant was issued in a SSA fraud case alleging a decade of false claims. The search warrant was sufficiently particular and not overbroad. The fact the period of the alleged offense was through January 2014 did not prohibit … Continue reading

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E.D.Wash.: Seizure of e-mails between def and lawyer prior to adversary proceedings didn’t violate 6A

The seizure of defendant’s emails between him and his lawyer didn’t violate the Sixth Amendment when adversary proceedings had not yet begun – defendant wasn’t indicted for more than a year later. United States v. Smith, 2020 U.S. Dist. LEXIS … Continue reading

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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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N.D.Cal.: Yahoo!’s TOS results in no REP in CP transmitted through it

The Terms of Service of Yahoo! email provide defendant no reasonable expectation of privacy in child pornography that was transmitted by its service. In addition, Yahoo!’s search was a private search. United States v. Wolfenbarger, 2019 U.S. Dist. LEXIS 148822 … Continue reading

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