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E.D.Mo.: Officer's use of e-mails in Internet sting case does not state a violation of the Fourth Amendment or any statute

By John Wesley Hall, Jr.

Defendant’s broadranging attack on seizure of e-mails that he sent was [utterly frivolous and] rejected. He assumed the risk that the recipient would keep and make use of them. And, violation of the Yahoo service agreement is hardly a ground to suppress. United States v. Grady, 2009 U.S. Dist. LEXIS 124582 (E.D. Mo. December 18, 2009): Further, the e-mail communications were not "seized" by the agents within the meaning of the Fourth Amendment, nor did Defendant have any legitimate expectation of privacy in the communications. Defendant certainly cannot assert any basis to suppress the e-mails that were created and sent by the undercover officers, and thereafter stored on their own computer. The remaining e-mails were sent by Defendant to the address provided, and the undercover officers simply received and opened them at the address to which Defendant directed them...continue to full post

Full post as published by Fourth Amendment on February 08, 2010 (boomark / email).