Case StudiesComputer CrimesCross v. Gilmore

Computer Crimes Case Study

Cross v. Gilmore

📍 U.S. District Court, E.D. Va.📅 2014⚖️ Virginia Code 18 U.S.C. § 1030 / Fourth Amendment

Legal Issue

Whether the government's warrantless access to the defendant's email constituted an unreasonable search under the Fourth Amendment.

Court Holding

The court held that the government's warrantless access to the defendant's email — obtained through a subpoena rather than a warrant — violated the Fourth Amendment. The court held that email stored on a third-party server is protected by a reasonable expectation of privacy and requires a warrant for law enforcement access.

Defense Takeaway

The Fourth Amendment protects electronic communications stored on third-party servers. D.J. Rivera challenges the government's access to email, cloud storage, and other electronic communications obtained without a warrant, moving to suppress evidence obtained in violation of the Fourth Amendment.

Relevant Virginia Law

This case involves 18 U.S.C. § 1030 / Fourth Amendment of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.

Facing Computer Crimes Charges in Virginia?

D.J. Rivera applies the lessons of cases like this one to defend clients throughout Richmond and Northern Virginia. Free consultation available 24/7.

Get Your Free Consultation