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United States v. Warshak

United States Court of Appeals for the Sixth Circuit
631 F.3d 266 (6th Cir. 2010)


Facts

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 Steven Warshak (defendant), the owner of Berkeley. The government then compelled NuVox to turn over those warehoused emails. The government did not obtain a warrant. Based on the contents of the emails, the trial court convicted Warshak. He appealed, alleging that the government’s search and seizure of his emails constituted a violation of his Fourth Amendment rights. The United States Supreme Court granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Boggs, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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