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United States v. Weaver

636 F. Supp. 2d 769 (2009)

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United States v. Weaver

United States District Court for the Central District of Illinois
636 F. Supp. 2d 769 (2009)

AR

Facts

In pursuing a child-pornography charge against Justin Weaver (defendant), the government sought to discover the contents of emails on his web-based Microsoft email account. The government obtained a trial subpoena for the emails and executed it by sending it to Microsoft. The subpoena asked for the contents of emails not in electronic storage. Microsoft produced some emails, but not those that were previously opened and stored for fewer than 181 days. The government moved to compel production of the additional emails, arguing that they were not in the type of electronic storage that required a warrant and thus could be compelled with only a trial subpoena.

Rule of Law

Issue

Holding and Reasoning (Scott, J.)

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