United States Ninth Circuit

In an action involving a grand jury subpoena seeking a broad range of information from the State of Oregon as part of a federal investigation into activities of former Governor John Kitzhaber, the district court's order declining to quash the subpoena is reversed where: 1) he had a reasonable expectation of privacy in much of his personal email, although the Fourth Amendment's protection does not extend to any use of a personal email account to conduct public business; and 2) the subpoena in this case, which is not even minimally tailored to the government's investigatory goals, is unreasonable and invalid.

Appellate Information

• Published 2016/07/13

Judges

• BERZON

Court

• United States Ninth Circuit

Counsel