Case 1:14-mj-00228-JMF Document 11 Filed 08/08/14 Page 12 of 21
-12First, the government’s search warrant properly restricts law
enforcement discretion to determine the location to be searched
and the items to be seized.
The government identifies the
precise location to be searched -- in this case, the
[redacted]@mac.com e-mail account -- and specifies in the
attachments to its application the particular e-mails to be
seized.
In this way, law enforcement discretion is constrained
and limited to the items to be seized that are specified in
Attachment B to the warrant.
See generally, Stanford, 379 U.S.
at 485-86 (“‘The requirement that warrants shall particularly
describe the things to be seized makes general searches under
them impossible and prevents the seizure of one thing under a
warrant describing another.
As to what is to be taken, nothing
is left to the discretion of the officer executing the
warrant.’” (quoting Marron v. United States, 275 U.S. 192, 196
(1927)).
Second, the information contained in the affidavit
accompanying the search warrant supports a finding of probable
cause because there is a fair probability that the electronic
communications and records that the government seeks, which are
described in detail in the attachments to the government’s
search warrant application, will be found in the particular
place to be searched.
Moreover, the affidavit includes
additional background information on the particular types of
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