top of page

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]@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.


Recent Posts

See All

Sean O'Shea has more than 20 years of experience in the litigation support field with major law firms in New York and San Francisco.   He is an ACEDS Certified eDiscovery Specialist and a Relativity Certified Administrator.

​

The views expressed in this blog are those of the owner and do not reflect the views or opinions of the owner’s employer.

​

If you have a question or comment about this blog, please make a submission using the form to the right. 

Your details were sent successfully!

© 2015 by Sean O'Shea . Proudly created with Wix.com

bottom of page