Case 1:14-mj-00228-JMF Document 11 Filed 08/08/14 Page 11 of 21 -11finding of probable cause for the particular e-mails sought, or because the government failed to specify with particularity the electronic records to be seized or the place to search for those records. Rather, in denying the government’s application, the magistrate judge determined that the government was attempting to “seize large quantities of e-mails for which it ha[d] not established probable cause.” In Re: Search of Info. Associated with [redacted]@mac.com, 2014 WL 1377793, at *5. Moreover, the magistrate judge rejected the government���s manner for executing the warrant described in Attachment C to the government’s search warrant application. Under those procedures Apple would be required to disclose to the government all e-mails and records related to the [redacted]@mac.com e-mail account. Application, Attach. C at 1. Govt.’s 2d. Upon receiving the relevant e- mails and records, the government would then examine the information obtained to determine what e-mails and other records are specified in the warrant as items to be seized. Id. The magistrate judge determined that because “the two-step procedure is a narrow exception that requires an affirmative showing of need in the warrant application,” the government’s application was deficient because it “fail[ed] to provide any explanation for why the two-step procedure is necessary.” Id. at *5. However, the government’s warrant and the procedures for the warrant’s execution appear to comport with the Constitution.

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