Case 1:14-mj-00228-JMF Document 11 Filed 08/08/14 Page 7 of 21 -7DISCUSSION I. STANDARD OF REVIEW Under the Stored Communications Act, the government may apply for a warrant requiring an electronic service provider to disclose the contents of electronic communications, or other records and information, from a “court of competent jurisdiction.” 18 U.S.C. §§ 2703(a), (b)(1)(A), (c)(1)(A). The statute defines a court of competent jurisdiction as “any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that . . . has jurisdiction over the offense being investigated.” Id. § 2711(3)(A)(i). Here, the basis for the magistrate judge’s jurisdiction is the Federal Magistrates Act, 28 U.S.C. §§ 631-639. The Federal Magistrates Act provides magistrate judges with authority to decide certain pre-trial matters, including whether to grant search warrant applications. 5 Id. § 636(b)(1)(A). A “judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court,” provided that the matter does not fall within one of the 5 Under § 636, pretrial matters include the issuing search warrants. H.R. Rep. 94-1609, at 8, 1976 U.S.C.C.A.N. 6162, 6168; accord Gomez v. United States, 490 U.S. 858, 868 n.16 (1989).

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