Case 1:14-mj-00228-JMF Document 11 Filed 08/08/14 Page 11 of 21
-11finding of probable cause for the particular e-mails sought, or
because the government failed to specify with particularity the
electronic records to be seized or the place to search for those
records.
Rather, in denying the government’s application, the
magistrate judge determined that the government was attempting
to “seize large quantities of e-mails for which it ha[d] not
established probable cause.”
In Re: Search of Info. Associated
with [redacted]@mac.com, 2014 WL 1377793, at *5.
Moreover, the
magistrate judge rejected the government���s manner for executing
the warrant described in Attachment C to the government’s search
warrant application.
Under those procedures Apple would be
required to disclose to the government all e-mails and records
related to the [redacted]@mac.com e-mail account.
Application, Attach. C at 1.
Govt.’s 2d.
Upon receiving the relevant e-
mails and records, the government would then examine the
information obtained to determine what e-mails and other records
are specified in the warrant as items to be seized.
Id.
The
magistrate judge determined that because “the two-step procedure
is a narrow exception that requires an affirmative showing of
need in the warrant application,” the government’s application
was deficient because it “fail[ed] to provide any explanation
for why the two-step procedure is necessary.”
Id. at *5.
However, the government’s warrant and the procedures for
the warrant’s execution appear to comport with the Constitution.
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