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LITIGATION SUPPORT TIP OF THE NIGHT

The views expressed in this blog are those of the owner and do not reflect the views or opinions of the owner’s employer. All content provided on this blog is for informational purposes only. The owner of this blog makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information. This policy is subject to change at any time. The owner is not an attorney, and nothing posted on this site should be construed as legal advice. Litigation Support Tip of the Night does not provide confirmation that any e-discovery technique or conduct is compliant with legal, regulatory, contractual or ethical requirements.

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ESI Search Warrants

Sean O'Shea
May 1, 2017
1 min read

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]@mac.com 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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