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S.D.Fla.: A violation of ECPA by government is not suppression

By John Wesley Hall, Jr.

A violation of the Electronic Communications Privacy Act (ECPA), 18 U.S.C. §§ 2702-2703, in obtaining provider information is not remedied by suppression of evidence, just a damages action. United States v. Beckett, 2008 U.S. Dist. LEXIS 99380 (S.D. Fla. February 19, 2008.* Consent justified protective sweep here, so there is no need to determine whether an arrest is required first. United States v. Toledo, 2008 U.S. Dist. LEXIS 99669 (D. Utah December 9, 2008).* "Year-old information suggestive of drug trafficking, freshened by same-day corroboration of the same, is not stale." United States v. Jenkins, 2008 U.S. Dist. LEXIS 99366 (D. Maine September 29, 2008) (I hate the use of "the same" this way.).

Full post as published by Fourth Amendment on December 12, 2008 (boomark / email).