Accessing email is a search under the Jones trespass test

So held the 10th Circuit in U.S. v. Ackerman last week.  The case “considers how the Fourth Amendment applies to a child pornography detection system set up by Internet service providers and the National Center for Missing and Exploited Children (NCMEC).” In a post “for serious 4th Amendment nerds” Orin Kerr pokes holes in the court’s analysis and discusses the deepening circuit split over this issue.