The government suspected that Berkeley Premium Nutraceuticals, Inc. (Berkeley) was defrauding its customers. To seek to prove this, the government requested that NuVox Communications (NuVox), an internet service provider (ISP), warehouse the emails of Berkeley's owner, Steven Warshak (defendant). The government then obtained a subpoena under the Stored Communications Act, 18 U.S.C. § 2701 et seq., and compelled NuVox to turn over those warehoused emails. The government did not obtain a warrant. Warshak was convicted on several grounds after a jury trial, and he appealed his convictions to the United States Court of Appeals for the Sixth Circuit. One of Warshak's arguments on appeal was that the government’s search and seizure of his emails violated his Fourth Amendment rights.