Case 1:14-mj-00228-JMF Document 11 Filed 08/08/14 Page 2 of 21
-2vacated, and the government’s application for a search warrant
will be granted.
BACKGROUND
On March 5, 2014, the government filed under 18 U.S.C.
§ 2703 of the Stored Communications Act, 18 U.S.C. §§ 2701-2712
a sealed application for a search warrant for electronic
communications and other evidence stored on a computer. 1
The
government’s search warrant application related to a specific email account, [redacted]@mac.com, and involved alleged
violations of 41 U.S.C. § 8702 (kickbacks) and 18 U.S.C. § 371
(conspiracy).
The government’s application included an
affidavit in support of the search warrant providing factual
information to support a finding of probable cause. 2
In
addition, the government’s application included two attachments
that set forth the place to be searched and the particular items
1
Under the Stored Communications Act, an electronic
communications provider is required to disclose contents,
records, and other information of an electronic communication to
a governmental entity, with or without notice to the subscriber,
provided that the statutory requirements are met. 18 U.S.C.
§ 2703(a), (b), (c)(1)(A). To require an electronic service
provider to disclose either the contents of electronic
communications, or records and other information, the
governmental entity must “obtain[] a warrant issued using the
procedures described in the Federal Rules of Criminal Procedure
. . . by a court of competent jurisdiction.” Id.
§ 2703(b)(1)(A), (c)(1)(A).
2
Due to the government’s ongoing criminal investigation,
very few details regarding the investigation will be addressed
in this opinion.
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