On Point blog, page 2 of 2
Court of appeals upholds broad warrants to search Google and Yahoo email accounts
State v. Kelly M. Rindfleisch, 2014 WI App 121; case activity
Just how “particular” must a warrant to search a Gmail and Yahoo! Mail be in order to survive the Fourth Amendment’s “particularity” requirement? And does the answer change when the warrant is for searching the email accounts of someone other than the person suspected of the crime described in the warrant? In this split opinion the majority upheld broad search warrants requiring Google and Yahoo to turn over email expected to show that one former Walker aide had committed a crime, but which showed that the account owner (another former Walker aide) had also committed a crime.
Execution of search warrant — detention of person not in “immediate vicinity”
Bailey v. United States, USSC No. 11-770, 2/19/13
United States Supreme Court decision, reversing and remanding United States v. Bailey, 652 F.3d 197 (2d Cir. 2011)
The Court holds it was not reasonable for police to seize an individual incident to the search of the individual’s residence when the individual was not in the “immediate vicinity” of the place being searched. The holding is an elaboration of the rule from Michigan v.