Case 4:16-cr-40070-KES Document 262 Filed 02/17/17 Page 3 of 11 PageID #: 895 Beadle County to search the iPhone for “(1) The content of any texts, including but not limited to incoming texts, sent texts, draft texts and deleted texts that were sent or received by the cellular communication devices. (2) Incoming or outgoing cell phone call records by the cellular communication devices. (3) The content of the address book for the cellular communication devices. (4) Video and/or photographs on the phones or stored in the internal memory of the cellular communication devices. (5) Any other data on the communication device as it relates to this case.” Exhibit 2 at 1-2. Detective Casey Spinsby of the Huron Police Department extracted the data from the iPhone and created a digital copy. Detective Spinsby performed a search of the data, and in his official report, Detective Spinsby noted several pieces of evidence related to the Huron investigation. Detective Spinsby also noted 531 messages related to the sale, use, or purchase of illegal drugs. As part of his analysis of the cell phone, Detective Spinsby “segregated the data on the phone that was relevant to the Huron state court prosecution and saved that data separately.” Docket 251 at 6 (citing Exhibit F). Hulscher later pleaded guilty to one charge of Grand Theft-More than $1,000 and Less than or equal to $2,500. Detective Spinsby was not looking for and did not find any information related to the illegal possession of firearms. In preparation for Hulscher’s federal trial, ATF Agent Brent Fair reviewed a National Crime Information Center report on Hulscher. The report indicated that Hulscher had been arrested by the Huron Police Department. Agent Fair contacted the Huron Police Department and learned that it had data taken 3

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