You and I will have to agree to disagree. My thoughts on this are yes, the emails from Hillary to Huma or whatever may be covered under “plain view” but does that only go to the header and not the contents? Could the case be jeopardized by someone going further and opening the email.
I am not sure Huma voluntarily gave the computer to the NYPD. It was stated on another thread that the US Attorney had issued a search warrant for the computer and if that is the case, you know there are limits to the warrant.
Yes, I was a cop and I’ve had evidence thrown out because the Judge thought we went too far. In other words...you found the box...you control the box...you have time to get a search warrant to “open” the box.
And I did re-read Rodriquez and you are correct, I mis-read the appellate courts language as the Court’s language, I stand corrected.
Well, those investigating Weiner are probably not limiting their search to only emails with obvious subject headers. Huma had testified she did not do inbox maintenance, she left everything in the inbox or on the desktop. Investigators would be seeing an abundance in plain sight.
But. They were probably recovering deleted messages too. If this is where the emails in question were discovered. Well, that changes everything.