Showing posts with label Search Warrant. Show all posts
Showing posts with label Search Warrant. Show all posts

Thursday, June 21, 2007

preliminary injunction, prohibiting the government from seizing "the contents of any personal e-mail account maintained by an Internet Service Provide

Warshak v. US, No. 06-4092
A preliminary injunction, prohibiting the government from seizing "the contents of any personal e-mail account maintained by an Internet Service Provider in the name of any resident of the Southern District of Ohio without providing the relevant account holder or subscriber prior notice and an opportunity to be heard on any complaint, motion, or other pleading seeking issuance of such an order" is affirmed, with slight modification, where the district court correctly determined that e-mail users maintain a reasonable expectation of privacy in the content of their e-mails, and the injunctive relief it crafted was largely appropriate.

Wednesday, April 25, 2007

Invalid search warrant

US v. Blatstein, No. 06-4210, 06-4285
Conviction for mail fraud based on conditional plea, reserving right to appeal adverse suppression ruling, is affirmed over claim that search warrants were constitutionally invalid. Defendant's sentence is vacated based on the Government's forceful challenges to several of the factors on which the court relied in varying downward.