Case 1:14-mj-00228-JMF Document 11 Filed 08/08/14 Page 6 of 21
-6perform the necessary search and turn over any relevant
information to the government.
Id. at *6.
The government filed a challenge 4 to the magistrate judge’s
order on April 21, 2014, seeking review of the magistrate
judge’s decision denying the application for a search warrant.
In its challenge, the government argues that the application for
search warrant complies with the Fourth Amendment.
Govt.’s
Resubmission or Appeal from Mag. J.’s Order Denying Application
for Search Warrant (“Govt.’s Challenge”) at 5-7.
In addition,
the government argues that the two-step procedure for executing
the search warrant is permitted under Federal Rule of Criminal
Procedure 41.
Id. at 8-13.
On May 2, 2014, the Electronic Frontier Foundation (“EFF”)
filed a motion for leave to file a brief as amicus curiae in
order to address pertinent questions involving the Fourth
Amendment and new technologies.
Mot. for Leave to File Brief
Amicus Curiae of Elec. Frontier Found. at 1.
4
The government styles its challenge as an appeal, but the
reference is a misnomer. With the exception of authority
granted by Federal Rule of Criminal Procedure 58 concerning
misdemeanor proceedings handled by a magistrate judge under 18
U.S.C. § 3401, the district court does not exercise appellate
power. See, e.g., United States v. Choi, 818 F. Supp. 2d 79, 85
(D.D.C. 2011) (“The magistrate judge is not an inferior court,
and the district court does not stand in an appellate capacity
over the magistrate.”).