Federal prosecutors are pushing back against a magistrate judge who has repeatedly denied search warrants for electronic information that he says run afoul of the Fourth Amendment.
The U.S. Department of Justice on Monday appealed U.S. District Magistrate Judge John Facciola’s denial of a search warrant for an Apple email account. Prosecutors defended a two-step process that involved asking Apple Inc. to turn over the entire contents of the email account, and then searching for information they had probable cause to seize. The Wall Street Journal first reported the appeal Tuesday.
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