Legal Opinion

In re the Search of Information Associated with [redacted]@mac.com that is Stored at Premises Controlled by Apple, Inc.

Court of Appeals for the D.C. Circuit

Decided August 8, 2014No. Magistrate Case No. 14-228PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION

RICHARD W. ROBERTS, Chief Judge

The government challenges an order by Magistrate Judge John M. Facciola denying its second application for a search warrant under § 2703 of the Stored Communications Act, 18 U.S.C. §§ 2701-12. The magistrate judge denied the government’s application on the ground that the requested warrant amounted to an unconstitutional general warrant due, in large part, to the procedures set forth in the application for executing the requested warrant. Following the magistrate judge’s denial of the search warrant application and the government’s subsequent…

2Cases cited29 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Warden, Maryland Penitentiary v. HaydenSupreme Court of the United States · 1967
  4. Steagald v. United StatesSupreme Court of the United States · 1981
  5. Vernonia School District 47J v. ActonSupreme Court of the United States · 1995

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3Cited by8 opinions

  1. WildEarth Guardians v. ZinkeCourt of Appeals for the D.C. Circuit · 2019
  2. United States v. ScullyDistrict Court, E.D. New York · 2015
  3. United States v. LustyikDistrict Court, S.D. New York · 2014
  4. United States v. TsarnaevDistrict Court, D. Massachusetts · 2014
  5. In re the Search of Information Associated with Email Addresses Stored at Premises Controlled by the Microsoft Corp.District Court, D. Kansas · 2016

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