Case 1:14-mj-00228-JMF Document 11 Filed 08/08/14 Page 15 of 21
-15agreement that a warrant authorizing the seizure of a
defendant’s home computer equipment and digital media for a
subsequent off-site electronic search is not unreasonable or
overbroad, as long as the probable-cause showing in the warrant
application and affidavit demonstrate a ‘sufficient chance of
finding some needles in the computer haystack.’” (quoting United
States v. Upham, 168 F.3d 532, 535 (1st Cir. 1999))).
In addition, because the government’s proposed procedures
comply with the Fourth Amendment and are authorized by Rule 41,
there is no need for Apple to search through e-mails and
electronic records related to the target account and determine
which e-mails are responsive to the search warrant.
Enlisting a
service provider to execute the search warrant could also
present nettlesome problems.
As the government argues
persuasively in its challenge, it would be unworkable and
impractical to order Apple to cull the e-mails and related
records in order to find evidence that is relevant to the
government’s investigation.
Govt.’s Challenge at 17-21.
To
begin with, non-governmental employees untrained in the details
of the criminal investigation likely lack the requisite skills
and expertise to determine whether a document is relevant to the
criminal investigation.
Moreover, requiring the government to
train the electronic service provider’s employees on the process
for identifying information that is responsive to the search
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