United States v. Dale Robert Bach

BEAM, Circuit Judge.

The government appeals a ruling from the United States District Court for the District of Minnesota suppressing evidence in a criminal case against Dale Robert Bach (“Bach”). The district court found that the seizure of e-mails by Yahoo! personnel from Yahooi’s servers violated 18 U.S.C. § 3105 and sections 626.13 and 626A.06 of the Minnesota Statutes, and thus the Fourth Amendment. This violation occurred, according to Bach, because the warrant was executed outside the presence of a police officer. The government argues that section 3105 does not codify the Fourth…