Case 1:14-mj-00228-JMF Document 11 Filed 08/08/14 Page 20 of 21
-20underlying constitutional issues involved here.”
Mot. for Leave
to File Brief of Amicus Curiae of Elec. Frontier Found. at 1-2.
Although EFF may be able to offer “arguments, theories, [and]
insights,” Voices for Choices, 339 F.3d at 545, and other
information addressing the Fourth Amendment’s application to
emerging technologies, such information is addressed in the
magistrate judge’s comprehensive discussion on the privacy
interests at stake in searches for electronic information.
See
In Re: Search of Info. Associated with [redacted]@mac.com, 2014
WL 1377793, at *3-5.
Furthermore, given that the government’s
application for a search warrant complies with the Fourth
Amendment, there is no apparent need to discuss, at least at
this stage, the Fourth Amendment’s application to various
emerging technologies generally.
The government’s application
meets the Fourth Amendment’s requirements for issuing a search
warrant for electronic evidence and the procedure for executing
the warrant is supported by Rule 41.
Accordingly, and in light
of the wide discretion afforded to courts in determining whether
to permit third parties to file amicus briefs, EFF’s motion to
file an amicus brief will be denied.
CONCLUSION
The government’s application for a search warrant complies
with the requirements under the Fourth Amendment and the
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