Case 1:14-mj-00228-JMF Document 11 Filed 08/08/14 Page 5 of 21
-5specified in Attachment B,” and then copy and retain those emails that are “within the scope of Attachment B.”
C at 1.
Id., Attach.
Law enforcement personnel would then “seal any
information from Apple that does not fall within the scope of
Attachment B,” and would be prohibited from “further review [of]
the information absent an order of the Court.”
Id.
The magistrate judge rejected the government’s revised
application for a search warrant in a second memorandum opinion.
In Re: Search of Info. Associated with [Redacted]@mac.com that
is Stored at Premises Controlled by Apple, Inc., Mag. Case No.
14-228 (JMF), 2014 WL 1377793 (D.D.C. Apr. 7, 2014).
Reiterating the rationale set forth in the first memorandum
opinion, the magistrate judge again denied the government’s
application for a search warrant finding that it violated the
Fourth Amendment because it amounted to an overly broad search
warrant.
Id. at *2-3, *5.
In addition, the magistrate judge
rejected the government’s use of the two-step procedure under
Rule 41(e), stating that the government was “‘abusing the twostep procedure under Rule 41’ by requiring Apple to disclose the
entire contents of an e-mail account.”
Id. at *5 (quoting In
Re: Search of Info., Mag. Case No. 14-228 (JMF), 2014 WL 945563,
at *5).
To avoid issuing a general warrant that would permit
the government to seize large amounts of data not supported by
probable cause, the magistrate judge recommended that Apple
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