Broad Warrant to Access Email Account is Okay

For large databases or accounts of electronically stored information, the “seize first, search second” model is still applicable, especially with the inclusion of specific ex ante instructions

In re Microsoft Corp., 2016 BL 320715, D. Kan., No. 16-MJ-8036, 9/28/16.

A Federal District Court in Kansas, in reviewing a magistrate’s denial of a search warrant, reversed the decision due to the broad power the government has in searching electronically stored information. The court upheld the “seize first, search second” rule model because of the difficulty that law enforcement faces in collecting electronic data and information from computers and databases. The court, in their decision, extended the scope of the rule to include entire email accounts, although still “subject to an ex post review for reasonableness.” Generally, such warrants are denied when they do not provide some limitations, such as a limited range of dates that can be accessed in the database of files. Here, the court noted, that the warrant’s “specificity” was sufficient to satisfy the Fourth Amendment requirement because it listed the target accounts and the evidence to be seized with specific criminal violations in mind.

 http://src.bna.com/i5C