Email and the Law

There are specific laws in the United States that are applicable to email investigations. It is critical that you be aware of the relevant laws. Failure to adhere to the legal guidelines can render evidence inadmissible.

The Fourth Amendment to the U.S. Constitution

If an email message resides on a sender’s or recipient’s computer or other device, the Fourth Amendment to the U.S. Constitution and state requirements govern the seizure and collection of the message. Determine whether the person on whose computer the evidence resides has a reasonable expectation of privacy on that computer. The Fourth Amendment requires a search warrant or one of the recognized exceptions to the search warrant requirements, such as consent ...

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