Alonso & Saylor vs. Battle Creek | Search And Seizure | Fourth Amendment To The United States Constitution

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UNITED STATES DISTRICT COURT IN THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARIA ALONSO and JAMES SAYLOR CITY OF BATTLE CREEK, DAVID WALTERS, SUSAN BEDSOLE and JAMES BLOCKER, Jointly and severally vs. Plaintiffs Case No. 14-400 Hon.

Defendants. _______________________________________________________________________________________/ Pitt, McGehee, Palmer & Rivers PC Michael L. Pitt P-24429 Attorney for Plaintiff 117 West Fourth Street, Suite 200 Royal Oak, Michigan 48067 (248) 398-9800 (phone) (248) 398-9804 (facsimile) mpitt@pittlawpc.com _____________________________________________________________________________________ / PLAINTIFFS’ MOTION TO QUASH SUBPOENA ISSUED TO APPLE, INC.

this court pursuant to Fed R. Civ. P. 45 for an order quashing the subpoena issued to Apple without a search warrant. In support of this motion, Plaintiff states as follows:

Plaintiffs, Maria Alonso and James Saylor, by and through counsel, move

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Apple requiring production on April 7, 2014 subpoena. 3. 2.

information relating to plaintiffs’ personal electronic files maintained by

judicial third party administrative subpoena to Apple, Inc. for production of

1.

On March 25, 2014, the City of Battle Creek (“City”) issued a non-

The City did not provide notice to plaintiffs of the issuance of the Plaintiffs received notice of the issuance of the subpoena from Plaintiffs’ counsel expressed the opinion to both Apple and the

Apple, which sent plaintiffs an email on Friday April 4, 2014. 4.

City that the City, as a governmental entity, is required to obtain a search turned over by Apple to the City. See, 18 U.S.C. § 2703. 5. 6.

warrant before the information about plaintiffs personal accounts could be The City has not secured a search warrant in this matter.

has instructed Apple to honor this non-judicial administrative subpoena. plaintiffs if a motion to quash is filed with the court. 7.

The City has disagreed with plaintiffs’ counsel’s assessment and

Apple has agreed to hold production of the personal information about Plaintiffs have filed a lawsuit against the City and has alleged a

violation 18 U.S.C. § 2703 and seeks relief as provided for in 18 U.S.C. § 2707.
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responding to the non-judicial third party administrative subpoena.

Accordingly, plaintiffs request that Apple be enjoined by this court from

Dated: April 11, 2014

By: /s/Michael L. Pitt P22429 Michael L. Pitt P-24429 Attorney for Plaintiff 117 West Fourth Street, Suite 200 Royal Oak, Michigan 48067 (248) 398-9800 (phone) (248) 398-9804 (facsimile) mpitt@pittlawpc.com

Pitt, McGhee, Palmer & Rivers PC

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UNITED STATES DISTRICT COURT IN THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARIA ALONSO and JAMES SAYLOR, CITY OF BATTLE CREEK, DAVID WALTERS, SUSAN BEDSOLE and JAMES BLOCKER, Jointly and severally vs. Plaintiffs Case No.14-400 Hon.

Defendants. _____________________________________________________________________________________/ Pitt, McGehee, Palmer & Rivers PC Michael L. Pitt P-24429 Attorney for Plaintiff 117 West Fourth Street, Suite 200 Royal Oak, Michigan 48067 (248) 398-9800 (phone) (248) 398-9804 (facsimile) mpitt@pittlawpc.com ____________________________________ / BRIEF IN SUPPORT OF PLAINTIFFS’ MOTION TO QUASH SUBPOENA ISSUED TO APPLE, INC.

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CONTROLLING AUTHORITY 18 U.S.C. §§ 2703 and 2707…………………………………………………………………….6, 7

Rule 45(d)(3)……………………………………………………………………………………………..6

Fourth Amendment of the United States Constitution…………………………………..7

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STATEMENT OF FACTS On March 25, 2014, the City of Battle Creek (“City”) issued a non-judicial

third party administrative subpoena to Apple, Inc. for production of information relating to plaintiffs personal electronic files maintained by Apple requiring production on April 7, 2014 subpoena.

The City did not provide notice to plaintiffs of the issuance of the Plaintiffs received notice of the issuance of the subpoena from Apple Plaintiffs’ counsel expressed the opinion to both Apple and the City that

which sent to plaintiffs by email on Friday April 4, 2014.

the City, as a governmental entity, is required to obtain a search warrant before the information about plaintiffs personal accounts could be turned over by Apple to the City. See 18 U.S.C. § 2703. The City has not secured a search warrant in this matter.

instructed Apple to honor this non-judicial administrative subpoena. Apple has agreed to hold production of the personal information about plaintiffs if a motion to quash is filed with the court.

The City has disagreed with plaintiffs’ counsel’ assessment and has

18 U.S.C. § 2703 and seek injunctive relief as provided for in 18 U.S.C. § 2707.
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Plaintiffs have filed a lawsuit against the City and has alleged a violation

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PLAINTIFFS MOTION TO QUASH SHOULD BE GRANTED BECAUSE THE CITY HAS FAILED TO SECURE THE REQUIRED SEARCH WARRANT Plaintiffs are protected by the Fourth Amendment prohibition against

unreasonable searches and seizures of their private accounts. Congress has access to the private and personal electronic accounts maintained by an electronic service provider like Apple. 18 U.S. C. § 2703. of personal account information maintained by Apple.

required a governmental entity to secure a search warrant if it wishes to gain

It is undisputed that no search warrant was issued here for the release Rule 45 (d) (3) (B) authorizes a person “affected” by the disclosure of

information based on the return on a subpoena to move to quash the information and an order quashing the subpoena is justified.

subpoena. Here plaintiffs are directly affected by the release of personal Accordingly, plaintiffs request an order quashing the March 25, 2014

subpoena and enjoining Apple from releasing the information from plaintiffs’ personal accounts unless a proper search warrant is first obtained by the City. By: /s/Michael L. Pitt P22429 Michael L. Pitt P-24429 Attorney for Plaintiff 117 West Fourth Street, Suite 200 Royal Oak, Michigan 48067 (248) 398-9800 (phone) mpitt@pittlawpc.com
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Pitt, McGhee, Palmer & Rivers PC

Dated: April 11, 2014

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CERTIFICATE OF SERVICE The undersigned certifies that the foregoing instrument was filed with the U.S. District Court through the ECF filing system and that all parties to the above cause was served via the ECF filing system on April 11, 2014. Signature:__/s/ Regina Bell___ 117 W. Fourth Street, Suite 200 Royal Oak, Michigan 48067 (248) 398-9800 rbell@pittlawpc.com

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