The New York court, in contrast, granted on June 11 a warrant that permitted law enforcement to obtain emails and other information from a Gmail account, including the address book and draft mails, and to permit a search of the emails for certain specific categories of evidence.
They only have permission to search for certain specific categories of evidence, despite having the entire archive, so they wouldn't be able to find them guilty of some minor illegal activity unless it was part of the specific categories the judge authorised.
Have you ever tried to find something in your email account that you know is there but couldn't locate it using any search terms that came to mind, only to find it later along with something completely unrelated? How hard do you think it would be to describe to a Google employee the type of information you want them to search for in (likely) thousands of emails and get a perfect success rate (assuming, perhaps incorrectly, that that's the only satisfactory outcome)?
Responding to the opinion by the District of Columbia court that gave the government the option of getting the email host to search the emails, Judge Gorenstein wrote that Google employees would not be able to arrive at the significance of particular emails without having been trained in the substance of the investigation.
"While an agent steeped in the investigation could recognize the significance of particular language in emails, an employee of the email host would be incapable of doing so," he wrote.
It seems to be the same thing, to me. So we have limitations to the type of evidence that may be acquired, and the ability to find that evidence using people with intimate knowledge of the case (as opposed to a corporation's employee).
I don't get the fuss, it's not like you have some right to hide suspected (they got a warrant) illegal activities just because they're recorded in an email archive stored somewhere other than your computer's hard drive. The only problem I have with it could be described as a slippery slope fallacy; that is, maybe the rules will become more relaxed over time as more judges build on this case. But that's somewhat pointless speculation at this point; this judge seems to be quite sane.