Case 1:14-mj-00228-JMF Document 11 Filed 08/08/14 Page 1 of 21
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
_____________________________
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IN THE MATTER OF THE
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SEARCH OF INFORMATION
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ASSOCIATED WITH
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Magistrate Case No. 14-228
[REDACTED]@MAC.COM THAT IS
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STORED AT PREMISES
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CONTROLLED BY APPLE, INC.
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MEMORANDUM OPINION
The government challenges an order by Magistrate Judge John
M. Facciola denying its second application for a search warrant
under § 2703 of the Stored Communications Act, 18 U.S.C.
§§ 2701-12.
The magistrate judge denied the government’s
application on the ground that the requested warrant amounted to
an unconstitutional general warrant due, in large part, to the
procedures set forth in the application for executing the
requested warrant.
Following the magistrate judge’s denial of
the search warrant application and the government’s subsequent
challenge to that decision, the Electronic Frontier Foundation
moved for leave to file an amicus brief.
Because the
government’s application complies with the Fourth Amendment and
the specific procedures for executing the warrant are
permissible under Federal Rule of Criminal Procedure 41 and
controlling case law, the magistrate judge’s order will be