Can an e-mail(s) sent to an address at www.gmail.com or www.hotmail.com be subpoenaed by a court or can law enforcment or a court gain access to a person's personal e-mail account? And can it be used against them in court?
2006-06-09 18:24:20 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes, they can be both subpoenaed and gotten by search warrant.
If they are sub'd then they are sent to the court and whoever's they are can ask the court to have a hearing as to whether the person who sub'd them should get them or not, but a subpoena has to be complied with. If it is a SW, then a court has already decided that law enforcement SHOULD get them because there is reason to believe a crime is or has occurred.
Email is like writing a letter just a lot quicker. Any writing like that CAN be used in court, but it is always up to a judge.
2006-06-09 18:37:52 · answer #1 · answered by grim reaper 5 · 0⤊ 0⤋
Your question is limited to the issue of whether a subpoena can be issued for e-mail. There is no bar to a subpoena being issued upon a showing that the email is relevant to the lawsuit in the court.
Similarly, a police department could obtain a warrant for the email, again upon a showing to a judge of relevancy to a criminal investigation.
Whether the email could be "used" in court depends on three issues: First can the proponant show the foundation for the print out brought into court that is can the party wanting the email to be considered present witnesses that can show that the printout is in fact what was received by hotmail. Second, can the proponent show that the party to the lawsuit or defendant was the person who sent the email. Third, does the email fall into an exception to the hearsay rule. If the person who sent the email is a party to the action, then the email probably falls into one of the exceptions to the hearsay rule.
Of course, the above assumes that hotmail actually has the ability to retrieve the email and that the subpoena or warrant ties the party's or defendant's real name to the email name.
2006-06-10 01:41:14 · answer #2 · answered by shoshidad 5 · 0⤊ 0⤋
Yes it can and it is being used very frequently recently. It doesn't matter how petty the case is, it can even be used in small claims court, it honestly depends what is said in the e-mail. However, police are able to get a warrant which allows them to search your home and take any form of evidence they wish including your CPU. In large corporations any incoming or outgoing e-mails are monitored by one person and even if they are deleted from your account by yourself, they are still saved and tracked by the main server. So if the police find any incriminating evidence against you, or if you are in small claims court and you can prove that the defendant stated "yes i will send you your money no later than 6-9-06" in the e-mail it can be subpoenaed by the court and brought into evidence.
2006-06-10 01:38:49 · answer #3 · answered by xscerenex 2 · 0⤊ 0⤋
Yes and NO. It does all depend on the circumstances on how it was obtained and subject matter contained within it.
If you are sending nude pictures of underage children, you might be surprised how they can get your email and use it against you.
If you are a terrorist, you might be real surprised on what they can do to take you to court.
If you talk bad about your wife or trash talk her through the email system, then more then likely the courts will consider that hear-say.
All depends....
2006-06-10 01:29:39 · answer #4 · answered by lancelot682005 5 · 0⤊ 0⤋
yes they can .. the fbi got hold my niese yahoo messenger archives she was only 10 years old.
2006-06-10 02:03:16 · answer #5 · answered by purple 6 · 0⤊ 0⤋
I am sure it can be, I would assume it would be just like a phone record.
2006-06-10 01:30:49 · answer #6 · answered by ? 3 · 0⤊ 0⤋
yes, i think so
2006-06-10 01:27:57 · answer #7 · answered by icanansweryourquestions 3 · 0⤊ 0⤋