Arturo Fernando Shaw Gutierrez v. California

The police searched email, stored on a commer­ cial internet service provider’s servers, without warrant or consent and in violation of federal law. The facts and issues raised herein, relate to this Court’s question, posed in Carpenter v. United States, 138 S.Ct. 2206, 2222 (2018), “leaving open the question whether the warrant requirement applies ‘when the Government obtains the modern-day equivalents of an individual’s own ‘papers’ or ‘effects,’ even when those papers or effects are held by a third party.’” QUESTIONS PRESENTED Does the Fourth Amendment protect individuals who send or receive stored electronic communications (emails) as provided under federal law through the Stored Communications Act, 18 U.S.C. § 2701, et seq.? Was the sender’s Fourth Amendment right violated when law enforcement warrantlessly viewed the sender’s private electronic communications (emails), while stored in the recipient’s account on a commer­ cial internet service provider’s servers, without consent from either the sender or recipient, in viola­ tion of federal law?