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U.S. v. BACH

No. 02-1238.

310 F.3d 1063 (2002)

UNITED STATES of America, Appellant, v. Dale Robert BACH, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 18, 2002.

Attorney(s) appearing for the Case

Bridgid E. Dowdal, argued, Asst. U.S. Atty., Minneapolis, MN (Paul H. Luehr, on the brief), for appellant.

Orin S. Kerr, Washington, DC, filed an amicus brief on behalf of the Government.

Jonathan Band and Lois K. Perrin, Washington, DC, filed an amicus Brief for Yahoo on behalf of appellant.

William M. Orth, argued, Minneapolis, MN, for appellee.

Before MURPHY, BEAM and MELLOY, Circuit Judges.

BEAM, Circuit Judge.

The government appeals a ruling from the United States District Court for the District of Minnesota suppressing evidence in a criminal case against Dale Robert Bach ("Bach"). The district court found that the seizure of e-mails by Yahoo! personnel from Yahoo!'s servers violated 18 U.S.C. § 3105 and sections 626.13 and 626A.06 of the Minnesota Statutes, and thus the Fourth Amendment. This violation occurred, according to Bach, because the...

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