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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