Case 1:14-mj-00228-JMF Document 11 Filed 08/08/14 Page 8 of 21
-8enumerated exceptions set forth in the subsection (b)(1)(A). 6
Id.
“A judge of the court may reconsider any pretrial matter
under this subparagraph (A) where it has been shown that the
magistrate judge’s order is clearly erroneous or contrary to
law.”
Id.; see also Gomez, 490 U.S. at 868.
Accordingly, the
magistrate judge’s order denying the government’s application
for a search warrant under 18 U.S.C. § 2703 will be reviewed to
determine whether it is clearly erroneous or contrary to the
law. 7
II.
FOURTH AMENDMENT
The Fourth Amendment provides that “no warrants shall
issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.”
amend. IV.
U.S. Const.
“As the text of the Fourth Amendment indicates, the
6
A “motion for injunctive relief, for judgment on the
pleadings, for summary judgment, to dismiss or quash an
indictment or information made by the defendant, to suppress
evidence in a criminal case, to dismiss or to permit maintenance
of a class action, to dismiss for failure to state a claim upon
which relief can be granted, and to involuntarily dismiss an
action,” are not included in this grant of authority to
magistrate judges. 28 U.S.C. § 636 (b)(1)(A).
7
“A finding is clearly erroneous when although there is
evidence to support it, the reviewing [body] on the entire
evidence is left with the definite and firm conviction that a
mistake has been committed.” United States v. United States
Gypsum Co., 333 U.S. 364, 395 (1948) (internal quotation marks
omitted).
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