Question

brief the court decision entitled United States v. Hamilton, __4th Ct. App. __ 2012 

Answer 1

United States v. Hamilton 4^th Ct. App. (2012)

Facts:-

Challenging the District Court’s admission of e-mails sent and received to his wife violated the marital communications privilege .

Government maintains marital communication was waived when e-mailing his wife through the work e-mail account using a work computer and failing to safeguard the e-mails.

In 2006, when using his workplace computer to send e-mails to his wife, there was no computer usage policy, therefore claiming marital communication privilege (Id).

Legal Issues:-

Whether the Government violated martial communication privilege.

Holding:-

Judgments of the District is Affirmed.

Rationale:

                “We reviewed evidentially rulings, including rulings on privilege, for abuse of discretion, factual findings, as to whether a privilege applies for clear error and application of clear principals de novo”.   

Martial communication must be made confidential and by e-mailing from a work email account from a work computer, Hamilton waived his right of marital privilege Id.

The school revised the computer policy in 2008 which expressly stated, “no expectation of privacy in their use of the Computer System and all information created or sent, received, access, or stored in the Computer System is subject inspection and monitoring at any time”. This policy was enacted well before the investigation and charges brought against him as he was already on notice for his computer usage; therefore, waving marital privilege (Id).