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ESI Search Warrants

The Federal Rule of Criminal Procedure, Rule 41(e)(2)(A) authorizes the seizure of ESI or media containing ESI. Prominent e-Discovery Judges John M. Facciola and David Waxse have issued decisions denying such warrants.

Judge Facciola's decision in In the Matter of the Search of Information Associated with [Redacted] That is Stored at Premises Controlled by Apple, Inc., 25 F. Supp. 3d 1 (D.D.C. 2014) recommended that government ask a service provider to obtain limited information; appoint a special master to hire a vendor who can perform searches; delegate the search to a personnel that will not disclose other information to investigators, or even have a magistrate judge waive the plain view doctrine.

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