Question

Stewart Parnell, the former CEO of the now-bankrupt Peanut Corporation of America, was charged with falsifying food safety reports required by the FDA. The reports certified that his peanut base product was salmonella free. In some cases, the tests were not yet complete when the certification was done and in other cases the tests indicated the presence of salmonella. ​ Part of the case came from federal agents’ examination of e-mails Mr. Parnell sent to his managers and employees. Which of the following is correct about the agents’ access to those e-mails?

a. Because employees e-mails are not private, the agents did not need a warrant.
b. both b and c
c. The agents would have been required to obtain a warrant.
d. Mr. Parnell could successfully object to the use of the e-mails because of his Fifth Amendment rights.

Answer 1

Answer: c. The agents would have been required to obtain a warrant

Explanation: The decision determined that a person’s cell phone contains more information than a person’s house does. A person therefore has a "reasonable expectation of privacy" for the contents in their phone and police should not be able to search an arrestees cell phone without voluntary consent or a valid search warrant. Police are required to have a warrant to search a person’s cell phone even after a valid arrest... So it is very feasible that the agents to search the employees phone would have been asked to get a warranty which they possibly did to have been able to assess such information.