CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Tuesday, April 8, 2014

"Judge again rejects feds over email search" excerpts and links to an article from Politico:

A federal magistrate who has refused or modified a slew of search warrants for email records in recent months out of concerns that they were overly broad has shot down a Justice Department proposal which appeared intended to allay his worries.

Magistrate Judge John Facciola of U.S. District Court in Washington said in a ruling issued Monday that prosecutors' proposal to seal information deemed beyond the scope of the warrant was inadequate to resolve the constitutional violation caused by seizing the contents of an entire email account.

"The government is unwilling—for whatever reason—to give up its policy of seizing large quantities of e-mails and other Fourth Amendment protected data even after this Court has repeatedly warned it against doing so," Facciola wrote Monday in a ruling rejecting prosecutors' request to seize data from an Apple (.mac) e-mail account. "Mere convenience does not allow the government to violate the Fourth Amendment and seize data wholesale."

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In an era of judicial minimalists and deference to the authorities, it's nice to see at least some judges are still on the job. Thank you, John Facciola, for standing between citizens and overreaching, I-am-the-law cops/agents/prosecutors.

Posted by: John K | Apr 9, 2014 5:26:38 AM

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