Magistrate’s denial of data overruled

WASHINGTON — A federal judge has set aside a ruling by a magistrate who has been rejecting some government requests for search warrants to conduct electronic surveillance.

The decision by Chief Judge Richard Roberts of the U.S. District Court in Washington followed the government’s challenge to an order by Magistrate Judge John Facciola, who twice denied search warrants in a criminal kickbacks investigation. Facciola said the application failed to clearly indicate that Apple Inc. would be required to disclose emails. Roberts overruled Facciola, saying the application complies with Fourth Amendment requirements. The Fourth Amendment safeguards against unreasonable searches and seizures.

Roberts said the search warrant properly restricts law enforcement discretion to determine the location to be searched and the items to be seized.

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