Case 1:14-mj-00228-JMF Document 11 Filed 08/08/14 Page 18 of 21
-18these competing interests, courts must strike the proper balance
between ensuring that the government’s ability to effectively
and efficiently investigate and prosecute crimes is implemented
and assuring respect for individuals’ Fourth Amendment rights.
See, e.g., United States v. Ganias, No. 12-240-CR, 2014 WL
2722618, *6 (2d Cir. June 17, 2014) (“Because the degree of
privacy secured to citizens by the Fourth Amendment has been
impacted by the advance of technology, the challenge is to adapt
traditional Fourth Amendment concepts to the Government’s
modern, more sophisticated investigative tools.”); United States
v. Adjani, 452 F.3d 1140, 1152 (9th Cir. 2006) (“The fact of an
increasingly technological world is not lost upon us as we
consider the proper balance to strike between protecting an
individual’s right to privacy and ensuring that the government
is able to prosecute suspected criminals effectively.”).
With
these considerations in mind, and for the reasons articulated
above, the government’s second application for a search warrant
will be granted. 10
10
The government also asserts that destroying or returning
the evidence received from Apple could either expose the
government to accusations that it “destroyed exculpatory
evidence in violation of Brady v. Maryland,” or hinder the
government’s “ability to lay a foundation for evidence and
establish authenticity under Rule 901 and 1001-1006 of the
Federal Rules of Evidence.” Govt.’s Challenge at 22. The
concerns presented by the government are valid and the
procedures for executing the search warrant strike the
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