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D.Me.: Use of a "filter agent" to screen e-mail obtained by SW was not unreasonable

By John Wesley Hall, Jr.

Defendant was arrested on a federal charge of failing to pay child support, and a search warrant was issued for this e-mail account. The use of a “file agent” to screen for potential privileged information was not inherently unreasonable. United States v. Taylor, 2011 U.S. Dist. LEXIS 12677 (D. Me. February 9, 2011)* (footnotes citing cases have been omitted): The parties have not referred me to any First Circuit decision dealing with the use of a filter agent. Case law from the rest of the country does not yield clear answers, but some themes emerge. A number of cases have permitted its use. At the same time, there is a healthy skepticism about the reliability of a filter agent or Chinese or ethical wall within a prosecutor's office, a skepticism perhaps prompted by the famous failures of such a procedure in United States v...continue to full post

Full post as published by Fourth Amendment on February 11, 2011 (boomark / email).