SAN FRANCISCO — A Bay Area federal judge refused to let the government search a Google email account Friday and chided the Mountain View company for not living up to its pledge to push back against sweeping requests for user data.

U.S. Magistrate Judge Paul Grewal of the Northern District of California denied federal prosecutors’ application for a warrant for the Gmail account, finding the request overbroad and perhaps unconstitutional. The San Jose judge agreed in a six-page order that there was probable cause the Gmail account contained evidence of theft of government funds. But he found the government had put few limits on its request, not even narrowing down a time frame for the search. “The court is … unpersuaded that the particular seize first, search second proposed here is reasonable in the Fourth Amendment sense of the word,” he wrote.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]