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

A magistrate judge denied the government’s application under the Stored Communications Act for a search warrant for electronic communications. The government’s revised application stated that the warrant applied to the email account for “[redacted]@mac.com” and covered information stored at premises controlled by Apple, Inc. An attachment described the items to be seized as all emails constituting evidence and instrumentalities of the solicitation and receipt of kickbacks and conspiracy for a specific time period, including emails referring or relating to a government investigation involving specified individuals and entities. Another attachment described the two-step procedure the government would follow in executing the warrant: Apple would be required to disclose all emails in the [redacted]@mac.com email account, and the government would then review the emails to determine those specified as items to be seized. The magistrate judge rejected the revised application, reasoning that the warrant would permit the government to seize large amounts of data without probable cause and there was no affirmative showing of need for the two-step procedure. The magistrate judge recommended that Apple perform the search and turn over relevant information to the government. The government sought review of the magistrate judge’s decision, arguing that the application complied with the Fourth Amendment and Federal Rule of Criminal Procedure 41(e), which authorized an entire electronic-storage medium to be seized and reviewed later for information consistent with the warrant.