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ENiEREDFILED - RECEIVED
-LOGGED --
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AUG 292014IN THE UNITED STATES DISTRICT COURT FOR THE
CLERlJ.~~~~rr!~~1\)COU.RT DISTRI CT OF MARYLANDDISTRICTOF . rTVDEPu"
IN THE MATTER OF THE SEARCH OFTHE CELLULAR TELEPHONE ASSIGNEDCALL NUMBER (312)-312-1264, WITHINTERNATIONAL MOBILE SUBSCRIBERIDENTITY 013333009183120
Case No. \ ~ .- \...." '- '='-> C
FIJi!" IIAiI' P I1'HiI
AFFIDAVIT IN SUPPORT OFAN APPLICATION FOR A SEARCH WARRANT
I, Jesse Argueta, being first duly sworn, hereby depose and state as follows:
INTRODUCTION AND AGENT BACKGROUND
1. I make this affidavit in support of an application for a search warrant under
Federal Rule of Criminal Procedure 41 and 18 U.S.c. SS 2703(c)(I)(A) for information about the
location of the cellular telephone assigned call number 301-312-1264, with International
Mobile Subscriber Identity Number 013333009183120 (the "Target Cell Phone"), whose
service provider is AT&T Mobility, a wireless telephone service provider headquartered at 208
South Akard Street, Dallas, TX 75202 with a National Subpoena/Search Warrant Compliance
Center at 11760 US Highway 1, North Palm Beach, FL 33408. 11760 US Highway 1, North
Palm Beach, FL 33408. The Target Cell Phone is described herein and in Attachment A, and the
location information to be seized is described herein and in Attachment B.
2. I am a Special Agent with the Air Force Office of Special Investigations (AFOSI)
ih Field Investigations Squadron, Joint Base Andrews, Maryland, and having been duly sworn,
affirm that the statements contained herein are true and correct to the best of my knowledge and
belief. The information herein was obtained from my personal observations and from statements
made to me. I graduated from Argosy University, Rosslyn, Virginia in 2012 with a Master's
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Degree in Forensic Psychology and have been a Special Agent with AFOSI since August 2013. I
am a graduate of the Federal Law Enforcement Training Center's Criminal Investigator Training
Program as well as the Basic Special Investigations Course with the United States Air Force
Special Investigations Academy and have received basic, advanced, and on the job training in the
investigation of cases involving economic crimes. As a federal agent, I am authorized to
investigate violations of the laws of the United States and to execute warrants issued under the
authority of the United States. As part of my primary duties, I investigate violations of federal
law, including 18 U.S.C. S 287, False, Fictitious or Fraudulent claims, 18 U.S.C. S 641, Theft of
Public Money. I have been trained to conduct such investigations through work experience and
specialized training.
3. The facts III this affidavit come from my personal knowledge, observation,
information received from records, documents, and other physical evidence obtained during this
investigation, as well as other information conveyed to me by other law enforcement officials.
This affidavit is intended to show merely that there is sufficient probable cause for the requested
warrant and does not set forth all of my knowledge about this matter.
4. Based on the facts set forth in this affidavit, there is probable cause to believe that
evidence, fruits, and instrumentalities of violations of 18 U.S.C. S 287, False, Fictitious or
Fraudulent claims and 18 U.S.C. S 641, Theft of Public Money have been committed by Pierre
Shakime ARISTIDE, 9821 Solar Course, Laurel, MD, 20723, a Major in the United States Air
Force Reserves. There is also probable cause to believe that the location information described
in Attachment B will constitute evidence of these criminal violations 18 U.S.C. S287 and S 641.
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IDENTIFICATION OF THE DEVICE TO BE EXAMINED
5. The property to be searched is One (l) black Apple iPhone, Model iPhone 5
cellular telephone, Model number A1428, International Mobile Subscriber Identity Number:
013333009183120, FCC ID: BCG-E2599A, IC: 579C-E2599A. The device is currently located
at AFOSI offices, th Field Investigations Squadron, 1413 Arkansas Road, Joint Base Andrews,
Maryland 20762.
6. The applied-for warrant would authorize the forensic examination of the device
for the purpose of identifying electronically stored data particularly described in Attachment B.
PROBABLE CAUSE
7. On May 28, 2013, Defense Logistics Agency Office of the Inspector General
(DLA-OIG) notified AFOSI of an anonymous letter alleging ARISTIDE misrepresented
information on official travel vouchers in order to receive lodging, per diem, and travel
entitlements fraudulently while activated on military orders to DLA from August 5, 2013
through December 20,2013.
8. ARISTIDE submitted official travel vouchers between August 5, 2013 and
December 20,2013, in which he listed 7 Nostrand Place, Hempstead, NY, ARISTIDE's home of
record.
9. Maryland Motor Vehicle Administration (MVA) documents revealed ARISTIDE
submitted his New York Driver's license into the MVA for destruction and received a Maryland
driver's license A-623-684-765-777 on May 30, 2013. Additionally, on May 30, 2013,
ARISTIDE changed his residential address with the MVA to reflect a home address of 9821
Solar Course, Laurel, MD.
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10. A reVIew of Maryland property and tax assessment records indicated that
ARISTIDE purchased the property located at 9821 Solar Course, Laurel, MD 20723 on
December 9, 2011. Moreover, a document review of the Deed of Residence to the
aforementioned residential property showed ARISTIDE signed and initialed assertions to
acknowledge ownership of the property and certification that it would be his primary residence.
This document contains an Affidavit of Grantee as a First-time Maryland Home Buyer. The
affidavit, dated December 9, 2011, shows ARISTIDE's signature as acknowledgement under
oath and penalties of perjury that he is the "Grantee" of the property and that he is a first-time
Maryland home buyer (defined as an individual who has never owned in the state residential real
property that has been the individual's principle place of residence) "who will occupy the
property as Grantee's principle residence."
11. ARISTIDE's voter registration profile from the Maryland State Board of
Elections showed he became an active registrant on September 28, 2012. According to the
Maryland voter registration application form, in order to register as a voter in Maryland, the
applicant must be a Maryland resident.
12. The investigation also revealed that prior to working at DLA, ARISTIDE was
employed by the Office of Personnel Management (OPM). While employed by OPM, he applied
and was granted authority to telework from an alternate worksite. The address listed and
designated as his alternate worksite on the signed telework application dated February 3, 2012,
was 9821 Solar Course, Laurel, MD.
13. A Financial Crimes Enforcement Network (FinCEN) report disclosed that on May
20, 2013, ARISTIDE incorporated "A and S Solutions, Inc." with the Maryland State
Department of Assessments and Taxation. The Articles of Incorporation for the aforementioned
\.?c..
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business designated ARISTIDE as the incorporator and the director and listed 9821 Solar
Course, North Laurel, MD 20723, as the location of his business.
14. During the course of this investigation, AFOSI jointly worked with a travel
voucher auditor for the United States Air Force Reserves. The audit revealed that according to
the Joint Federal Travel Regulations (JFTR), ARISTIDE would not be entitled to lodging, per
diem, and travel expenses if a resident of Maryland. By claiming he lived at 7 Nostrand Place,
Hempstead, NY, ARISTIDE received approximately $22,614 in entitlements during his time at
DLA between August 5,2013 and December 20,2013.
15. ARISTIDE was interviewed by AFOSI on July 17,2014. During the interview he
confirmed that he purchased a home in Maryland, registered as a Maryland resident in order to
vote, and used his Maryland residence as an authorized telework site while employed by OPM.
ARISTIDE could not explain why he retained 7 Nostrand Place, Hempstead, NY while on orders
to DLA.
16. ARISTIDE also stated during the interview that his cellular telephone ("target cell
phone") had thirty-two 32 gigabytes of memory.
17. Your affiant knows that iPhone cellular telephones are known to have built-in
Global Positioning System (GPS) receivers that store Exchangeable Image File Format ("Exif')
data when a photographic image is taken. Exif is a standard that specifies the formats for images,
sound, and ancillary tags used by digital cameras to include smartphones. The storing of GPS
information within the Exif is commonly referred to as "geotagging." Geotagging is done by
assigning a latitude and longitude to a photographic image. Many smartphones like the iPhone
automatically "geotag" their photos by default. Thirty-two (32) gigabytes of memory could store
thousands of images containing latitudinal and longitudinal information.
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18. Additionally, in my training and experience, I have learned that AT&T Mobility
is a company that provides cellular telephone access to the general public. I also know that
providers of cellular telephone service have technical capabilities that allow them to collect and
generate at least two kinds of current and historical information about the locations of the
cellular telephones to which they provide service: (1) E-911 Phase II data, also known as GPS
data or latitude-longitude data, and (2) cell-site data, also known as "tower/face information" or
cell tower/sector records. E-911 Phase II data provides relatively precise location information
about the cellular telephone itself, either via GPS tracking technology built into the phone or by
triangulating on the device's signal using data from several of the provider's cell towers. Cell-
site data identifies the "cell towers" (i.e. antenna towers covering specific geographical areas)
that received a radio signal from the cellular telephone and, in some cases, the "sector" (i.e. faces
of the towers) to which the telephone connected. These towers are often a half-mile or more
apart, even in urban areas and can be 10 or more miles apart in rural areas. Furthermore, the
tower closest to a wireless device does not necessarily serve every call made to or from the
device. Accordingly, cell-site data is typically less precise that E-911 Phase II data.
19. Based on my experience, I know that AT&T Mobility can collect historical cell-
site data about the Target Cell Phone which list cellular tower sites used to make or receive calls
by ARISTIDE during August 5, 2013 through December 20,2013.
TECHNICAL TERMS
20. Based on my training and experience, I use the following technical terms to
convey the following meanings:
a. Wireless telephone: A wireless telephone (or mobile telephone, or
cellular telephone) is a handheld wireless device used for voice and data communication
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through radio signals. These telephones send signals through networks of
transmitter/receivers, enabling communication with other wireless telephones or
traditional "land line" telephones. A wireless telephone usually contains a "call log,"
which records the telephone number, date, and time of calls made to and from the phone.
In addition to enabling voice communications, wireless telephones offer a broad range of
capabilities. These capabilities include: storing names and phone numbers in electronic
"address books;" sending, receiving, and storing text messages and e-mail; taking,
sending, receiving, and storing still photographs and moving video; storing and playing
back audio files; storing dates, appointments, and other information on personal
calendars; and accessing and downloading information from the Internet. Wireless
telephones may also include global positioning system ("GPS") technology for
determining the location of the device.
b. Digital camera: A digital camera is a camera that records pictures
as digital picture files, rather than by using photographic film. Digital cameras use a
variety of fixed and removable storage media to store their recorded images. Images can
usually be retrieved by connecting the camera to a computer or by connecting the
removable storage medium to a separate reader. Removable storage media include
various types of flash memory cards or miniature hard drives. Most digital cameras also
include a screen for viewing the stored images. This storage media can contain any
digital data, including data unrelated to photographs or videos.
c. GPS: A GPS navigation device uses the Global Positioning System to
display its current location. It often contains records the locations where it has been.
Some GPS navigation devices can give a user driving or walking directions to another
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location. These devices can contain records of the addresses or locations involved in
such navigation. The Global Positioning System (generally abbreviated "GPS") consists
of 24 NA VST AR satellites orbiting the Earth. Each satellite contains an extremely
accurate clock. Each satellite repeatedly transmits by radio a mathematical representation
of the current time, combined with a special sequence of numbers. These signals are sent
by radio, using specifications that are publicly available. A GPS antenna on Earth can
receive those signals. When a GPS antenna receives signals from at least four satellites, a
computer connected to that antenna can mathematically calculate the antenna's latitude,
longitude, and sometimes altitude with a high level of precision.
21. Based on my training experience, and research, I know that the device has
capabilities that allow it to serve as a wireless telephone, digital camera, GPS navigation device
and PDA. In my training and experience, examination data stored on devices of this type can
uncover, among other things, evidence that reveals the location where the device was present and
was used.
22. Forensic evidence. As further described in Attachment B, this application seeks
permission to locate not only electronically stored information that might serve as direct
evidence of the crimes described on the warrant, but also forensic evidence that establishes how
the devices were used, the purpose of their use, who used them, and when. There is probable
cause to believe that this forensic electronic evidence might be on the device because:
a. Data on the storage medium can provide evidence of a file that was
once on the storage medium but has since been deleted or edited, or of a deleted portion
of a file (such as a paragraph that has been deleted from a word processing file). Virtual
memory paging systems can leave traces of information on the storage medium that show
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what tasks and processes were recently active. Web browsers, e-mail programs, and chat
programs store configuration information on the storage medium that can reveal
information such as online nicknames and passwords. Operating systems can record
additional information, such as the attachment of peripherals, the attachment of USB
flash storage devices or other external storage media, and the times the computer was in
use. Computer file systems can record information about the dates files were created and
the sequence in which they were created.
b. Forensic evidence on a device can also indicate who has used or
controlled the device. This "user attribution" evidence is analogous to the search for
"indicia of occupancy" while executing a search warrant at a residence.
c. A person with appropriate familiarity with how an electronic
device works may, after examining this forensic evidence in its proper context, be able to
draw conclusions about how electronic devices were used, the purpose of their use, who
used them, and when.
d. The process of identifying the exact electronically stored
information on a storage medium that are necessary to draw an accurate conclusion is a
dynamic process. Electronic evidence is not always data that can be merely reviewed by
a review team and passed along to investigators. Whether data stored on a computer is
evidence may depend on other information stored on the computer and the application of
knowledge about how a computer behaves. Therefore, contextual information necessary
to understand other evidence also falls within the scope of the warrant.
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e. Further, in finding evidence of how a device was used, the purpose
of its use, who used it, and when, sometimes it is necessary to establish that a particular
thing is not present on a storage medium.
23. Nature of examination. Based on the foregoing, and consistent with Rule 41(e)
the warrant I am applying for would permit the examination of the device consistent with the
warrant. The examination may require authorities to employ techniques, including but not
limited to computer-assisted scans of the entire medium, that might expose many parts of the
device to human inspection in order to determine whether it is evidence described by the warrant.
24. Manner of execution. Because this warrant seeks only permission to examine
devices already in law enforcement's possession, the execution of this warrant does not involve
the physical intrusion onto any premises. Consequently, I submit there is reasonable cause for
the Court to authorize execution of the warrant at any time in the day or night.
CONCLUSION
25. Based on the forgoing, I submit that there is probable cause that ARISTIDE has
committed the following federal offenses: 18 U.S.C. S 287, False, Fictitious or Fraudulent
Claims and 18 U.S.c. S 641, Theft of Public Money. Moreover, I submit that there is probable
cause to believe that evidence of the aforementioned offenses is contained within the Exif data of
photographic images stored on the "Target Cell Phone."
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21. I declare under the penalty of perjury that the foregoing is true and correct to the
best of my knowledge.
Sworn to and subscribed before me in Greenbelt, Maryland, this 6th day of August, 2014.
\.,::) .-su.,.... e-- C_ - ~William Connelly, U.S. Magistrate Judge'
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ATTACHMENT A
Property to be Searched
The property to be searched is a black Apple iPhone, Model iPhone 5 cellular telephone,
Model number A1428, International Mobile Subscriber Identity Number: 013333009183120,
FCC ID: BCG-E2599A, IC: 579C-E2599A, currently located at AFOSI offices, ih Field
Investigations Squadron, 1413 Arkansas Road, Joint Base Andrews, Maryland 20762.
This warrant authorizes he forensic examination of the device for the purpose of
identifying the electronically stored information described in Attachment B.
Case 8:14-mj-01760-WGC Document 3 Filed 08/29/14 Page 12 of 13
ATTACHMENT B
Particular Things to be Seized
All photographic images, files, formats and applications containing GPS latitudinal and
longitudinal information found within the thirty-two (32) gigabytes of memory of the Target Cell
Phone stored in evidence under the custody of AFOSI 7 FIS Joint Base Andrews, MD: One (1)
black in color, Apple iPhone, Model iPhone 5 cellular telephone, Model number A 1428,
International Mobile Subscriber Identity Number: 013333009183120, FCC ID: BCG-E2599A,
IC: 579C-E2599A.
~---~---------------------~
Case 8:14-mj-01760-WGC Document 3 Filed 08/29/14 Page 13 of 13
AO 106 (Rev~60) Applicalli>£ilfliEl3~arch WarrantprCEDED.-LUGGED __
UNITED STATES DISTRICT COURTfor the
District of Maryland
BY
AUG 292014AT GREENBELT
CLERK U S DISTRICT COURTD\SlRICTOF MARY~N~
r~..JDEPUTYIn the Matter of the Search of
(Briefly describe the property to be searchedor identify the person by name and address)
See attachment A
))))))
Case No. \ '-' - \~ '-~ ~c.
APPLICA TION FOR A SEARCH WARRANT
I, a federal law enforcement officer or an attorney for the government, request a search warrant and state underpenalty of perjury that I have reason to believe that on the following person or property (identify the person or describe theproperty to be searched and give its location):
See attachment A
located in the District of Maryland , there is now concealed (identify theperson or describe the property to be seized):a black Apple iPhone, Model iPhone 5 cellular telephone, Model number A1428, International Mobile SubscriberIdentity Number: 013333009183120, FCC 10: BCG-E2599A, IC: 579C-E2599A, currently located at AFOSI offices, 7thField Investigations Squadron, 1413 Arkansas Road, Joint Base Andrews, Maryland 20762
The basis for the search under Fed. R. Crim. P. 41 (c) is (check one or more):
Mevidence of a crime;
o contraband, fruits of crime, or other items illegally possessed;
o property designed for use, intended for use, or used in committing a crime;
o a person to be arrested or a person who is unlawfully restrained.
The search is related to a violation of:
Code Section18 U.S.C. ~~ 287, 641
Offense DescriptionFalse Claims Act, Theft of Government Property
The application is based on these facts:
See attached affidavit.
I'lf Continued on the attached sheet.
o Delayed notice of __ days (give exact ending date if m n 30 days: ) is requestedunder 18 U.S.C. S 31 03a, the basis of which is set fo on the attac
Special Agent Jesse rgueta, AFOSIPrinted name and title
Sworn to before me and signed in my presence.
Date: 08/06/2014 '-..:::> .->-.\-, e--C • '-Sl \Judge's signature \
City and state: Greenbelt, Maryland William Connelly, United States Magistrate JudgePrinted name and title
Case 8:14-mj-01760-WGC Document 2 Filed 08/29/14 Page 1 of 1
FILED _ ENTERED~ LOGGED _RECEIVED
BV
AUG 292014ATGREENRBECl:TJCOURT IN THE UNITED STATES DISTRICT COURT
CLERK U.S.DIST IDISTRICTOFMARY~ FOR THE DISTRICT OF MARYLAND.n...; DepUTYIN RE ORDER REQUIRING APPLE, )INC. TO ASSIST IN THE )EXECUTION OF A SEARCH )WARRANT ISSUED BY )THIS COURT )
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CASE NO.
INTRODUCTION
The United States of America, through its attorneys, Rod J. Rosenstein, United States
Attorney for the District of Maryland, and Hollis Raphael Weisman, Assistant United States
Attorney for said District, hereby moves this Court under the All Writs Act, 28 U.S.C. 9 1651,
for an order requiring Apple, Inc. ("Apple") to assist in the execution of a federal search warrant
by bypassing the lock screen of one iOS device, specifically, an Apple iPhone.
FACTS
The Air Force Office of Special Investigations (AFOSI) currently has in its possession
one iOS devices that is e the subject of a search warrant issued by this Court. Initial inspection
of the iOS device reveals that it is locked. Because the iOS device is locked, law enforcement
agents are not able to examine the data stored on the iOS device as commanded by the search
warrant.
The iOS devices is a black Apple iPhone, Model iPhone 5 cellular telephone, Model
number A1428, International Mobile Subscriber Identity Number: 013333009183120, FCC ID:
BCG-E2599A, IC: 579C-E2599A, currently located at AFOSI offices, ih Field Investigations
Squadron, 1413 Arkansas Road, Joint Base Andrews, Maryland 20762.
Apple, the creator of the iOS operating system and producer of the iOS devices, may
have the capability retrieving data stored on the iOS devices that is not currently accessible to the
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DEA because the iOS devices are locked. This Application seeks an order requiring Apple to
use any such capability, so as to assist agents in complying with the search warrant.
DISCUSSION
The All Writs Act provides that "(t)he Supreme Court and all courts established by Act of
Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and
agreeable to the usages and principles of law." 28 U.S.C. S 1651(a). As the Supreme Court
explained, "(t)he All Writs Act is a residual source of authority to issue writs that are not
otherwise covered by statute." Pennsylvania Bureau of Correction v. United States Marshals
Service, 474 U.S. 34, 43 (1985). "The power conferred by the Act extends, under appropriate
circumstances, to persons who, though not parties to the original action or engaged in
wrongdoing, are in a position to frustrate the implementation of a court order or the proper
administration of justice ... and encompasses even those who have not taken any affirmative
action to hinder justice." United States v. New York Tel. Co., 434 U.S. 159, 174 (1977).
Specifically, in New York Tel. Co., the Supreme Court held that the All Writs Act permitted
district courts to order a telephone company to effectuate a search warrant by installing a pen
register. Under the reasoning of New York Tel. Co., this Court has the authority to order Apple to
use any capabilities it may have to assist in effectuating the search warrant.
The government is aware, and can represent, that in other cases, courts have ordered
Apple to assist in effectuating search warrants under the authority of the All Writs Act.
Additionally, Apple has complied with such orders.
The requested order would enable agents to comply with this Court's warrant
commanding that the iOS devices be examined for evidence identified by the warrant.
Examining the iOS devices without Apple's assistance, if it is possible at all, would require
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significant resources and may harm the iOS devices. Moreover, the order is not likely to place
any unreasonable burden on Apple.
Respectfully submitted,
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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MARYLAND
IN RE ORDER REQUIRING APPLE, )INC. TO ASSIST IN THE )EXECUTION OF A SEARCH )WARRANT ISSUED BY )THIS COURT )
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CASE NO. \ '-\. -
ORDER
Before the Court is the Government's motion for an order requmng Apple, Inc.
("Apple") to assist law enforcement agents in the search of two Apple iOS devices. Upon
consideration of the motion, and for the reasons stated therein, it is hereby
ORDERED that Apple assist law enforcement agents in the examination of the following
iOS device: a black Apple iPhone, Model iPhone 5 cellular telephone, Model number A1428,
International Mobile Subscriber Identity Number: 013333009183120, FCC ID: BCG-E2599A,
IC: 579C-E2599A, currently located at AFOSI offices, ih Field Investigations Squadron, 1413
Arkansas Road, Joint Base Andrews, Maryland 20762, (the "iOS Devices"), acting in support
of a search warrant issued separately by this Court;
FURTHER ORDERED that Apple shall provide reasonable technical assistance to enable
law enforcement agents to obtain access to unencrypted data ("Data") on the iOS Devices.
FURTHER ORDERED that, to the extent that data on the iOS Devices is encrypted,
Apple may provide a copy of the encrypted data to law enforcement, but Apple is not required to
attempt to decrypt, or otherwise enable law enforcement's attempts to access any encrypted data;
FURTHER ORDERED that Apple's reasonable technical assistance may include, but is
not limited to, bypassing the iOS Devices users' pass codes so that the agents may search the iOS
Devices, extracting data from the iOS Devices and copying the data onto an external hard drive
Case 8:14-mj-01760-WGC Document 5 Filed 08/29/14 Page 1 of 2
or other storage medium that law enforcement agents may search, or otherwise circumventing
the iOS Devices' security systems to allow law enforcement access to Data and to provide law
enforcement with a copy of encrypted data stored on the lOS Devices;
FURTHER ORDERED that although Apple shall make reasonable efforts to
maintain the integrity of data on the iOS Devices, Apple shall not be required to maintain copies
of any user data as a result of the assistance ordered herein; all evidence preservation shall
remain the responsibility of law enforcement agents.
Dated: August 6, 2014
\,..::) ~r_ c.-... c.. ....S)Honorable William Connelly \United States Magistrate Judge
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