Case 1:14-mj-00228-JMF Document 11 Filed 08/08/14 Page 13 of 21
-13records that must be disclosed, the specific crimes for which
the government seeks evidence, and the targeted entities and
individuals.
When read together with the affidavit, 8 the
government’s application provides detailed information of the
alleged criminal scheme and a thorough explanation for why
evidence relevant to the investigation is likely to be found in
e-mail records and other data related to the target email
account.
Furthermore, the procedures the government adopts for
executing the search warrant comply with the Fourth Amendment
and are permissible under Rule 41.
“The Federal Rules of
Criminal Procedure are carefully tailored ground rules for fair
and orderly procedures in administering criminal justice.
Rule
41 embodies standards which conform with the requirements of the
Fourth Amendment.”
United States v. Haywood, 464 F.2d 756, 760
(D.C. Cir. 1972).
Rule 41 expressly contemplates and authorizes
the procedures the government adopts here to execute the search
warrant:
8
The warrant application must be read in conjunction with
the affidavit because the warrant application expressly
incorporates the affidavit. See, e.g., Vaughn, 830 F.2d at 1186
(“‘[T]he warrant may properly be construed with reference to an
affidavit for purposes of sustaining the particularity of the
premises to be searched, provided (1) the affidavit accompanies
the warrant, and in addition (2) the warrant uses suitable words
of reference which incorporate the affidavit by reference.’”
(quoting Moore, 461 F.2d at 1238)).
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