In re Search Info. Associated With Four Redacted Gmail Accounts
In re Search Info. Associated With Four Redacted Gmail Accounts
Opinion of the Court
The target of a search (the "Target") moves to quash warrants dated September *84412, 2017, authorizing a search of four email accounts maintained by Google, Inc. ("Google"). The search warrants require Google to disclose to the government the contents of all emails associated with the four email accounts, as well as subscriber information, and authorize the government to search those emails and seize any evidence of child sex trafficking between October 1, 2016, and April 14, 2017. The warrant requires a 180-day review period during which the government must segregate responsive information and store any unresponsive information on a secure medium that cannot be reviewed again absent a subsequent court order. The Target argues that this "seize first, search second" warrant violates the Fourth Amendment and the Electronic Communications Privacy Act ("ECPA"),
I. APPLICABLE LAW
The ECPA authorizes an electronic communication service provider to disclose the contents of stored electronic communications to the government pursuant to a search warrant.
The Fourth Amendment requires that search warrants describe the place to be searched and items to be seized with sufficient particularity. To determine if a search warrant is overbroad, the Ninth Circuit considers three factors: "(1) whether probable cause exist[s] to seize all items of a category described in the warrant; (2) whether the warrant set[s] forth objective standards by which executing officers could differentiate items subject to seizure from those which were not; and (3) whether the government could have described the items more particularly in light of the information available[.]" U.S. v. Lei Shi ,
II. DISCUSSION
The Target moves to quash the Google search warrants on the ground that the government's "seize first, search second" warrants are overbroad in light of Google's ability to date-restrict the emails it discloses to the government. The Court agrees.
The Ninth Circuit has previously upheld the constitutionality of "seize first, search second" warrants. In U.S. v. Flores ,
That "accepted reality" has evolved. The Target asserts, and the government does not dispute, that Google is now willing and able to date-restrict the email content it discloses to the government. See Reply to Gov't Response at 7 n.2 (linking to Google's Youtube video explaining that Google is able to provide date-restricted data in response to search warrants); see also In re [Redacted]@gmail.com ,
The Court finds that the search warrants challenged here, which require Google to disclose to the government the "contents of all emails associated with the Email Account[s,]" are overbroad because it is unreasonable to compel a provider to disclose every email in its client's account when the provider is able to disclose only those emails the government has probable cause to search. See In the Matter of the Search of Google Email Accts. Identified in Attach. A ,
Accordingly, the Court GRANTS the Target's motion to quash the Google search warrants. The Clerk shall file a copy of this order on the public docket, but the search warrants and all other documents and filings relating to the search warrants shall remain under seal.
IT IS SO ORDERED.
Indeed, receiving the smaller and more relevant universe of emails should be of benefit to the government, as it requires less time and expense to search, reduces storage costs, and simplifies the government's discovery obligations.
The Target also challenges the search warrants on the ground that they allow the government to retain indefinitely even the email account information the government did not have probable cause to search. In light of this order quashing the search warrants as overbroad, the Court need not reach that issue.
Reference
- Full Case Name
- In the MATTER OF the SEARCH OF INFORMATION ASSOCIATED WITH FOUR REDACTED GMAIL ACCOUNTS
- Status
- Published