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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