United States v. Etkin
United States District Court for the Southern District of New York
2008 WL 482281 (2008)
- Written by Serena Lipski, JD
Facts
Phillip Etkin (defendant) was arrested for extortion. A folder containing a printed email exchange between Etkin and his wife were part of the evidence collected against him. Etkin conducted his part of the email exchange from a work computer. To use his work computer, Etkin had to agree to a notice that appeared each time he powered on his computer stating that he had no legitimate expectation of privacy with respect to his activities on the computer and that his use of the computer would be monitored or recorded by his employer. The policy was not communicated verbally, and there was no evidence that Etkin’s employer actually did read his email. Before his trial, Etkin challenged the government’s use of the email exchange with his wife, arguing that because it was a marital communication, it was privileged and therefore inadmissible. Etkin claimed that he had never actually read the notice, although he had clicked “okay” to use the computer many times.
Rule of Law
Issue
Holding and Reasoning (Karas, J)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
