Case 1:14-mj-00228-JMF Document 11 Filed 08/08/14 Page 3 of 21 -3that the government intended to seize, including specific information that the electronic service provider, Apple, Inc., would be required to disclose. See Govt.’s Application for a Search Warrant (“Govt.’s Application”), Attach. A, Place to Be Searched at 1; Govt.’s Application, Attach. B, Particular Things to Be Seized by the Government at 1. The magistrate judge denied the government’s application for a search warrant in part because the application failed to clearly indicate that Apple was required to disclose e-mails in particular, and because probable cause had not been established for all of the emails requested in the search warrant. In Re: Search of Info. Associated with [redacted]@mac.com that is Stored at Premises Controlled by Apple, Inc., Mag. Case No. 14-228 (JMF), 2014 WL 945563, at *2-3 (D.D.C. Mar. 7, 2014). In addition, the magistrate judge objected to the government’s use of Rule 41(e)’s “two-step procedure” 3 for gathering evidence whereby Apple would first be required to disclose to the government all e-mails associated with the target e-mail account, and then, at 3 Federal Criminal Rule 41(e) sets forth the requirements for issuing a warrant, such as the information that must be contained in the warrant and the proper protocol for executing the warrant. Courts are permitted to issue warrants for the “seizure of electronic storage media or the seizure or copying of electronically stored information.” Fed. R. Crim. P. 41(e)(2)(B). Included in that provision is authorization for subsequent off-site review of electronic information obtained in accordance with the search warrant. Id. The rule expressly “authorizes a later review of the media or information consistent with the warrant[.]” Id.

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