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USA v. in the Matter of the Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203

REPLY in Support of Motion to Vacate Order Compelling Apple Inc. To Assist Agents in Search NOTICE OF MOTION AND MOTION to Vacate Order Compelling Apple Inc. to Assist Agents in Search 16

48 Cited authorities

  1. Nat'l Fed'n of Indep. Bus. v. Sebelius

    567 U.S. 519 (2012)   Cited 1,004 times   71 Legal Analyses
    Holding that the Patient Protection and Affordable Care Act of 2010 was not a valid exercise of the Commerce Clause power after focusing solely on whether it regulated "economic activity" without discussing the remaining Morrison factors

  2. Obergefell v. Hodges

    576 U.S. 644 (2015)   Cited 895 times   61 Legal Analyses
    Holding that the Fourteenth Amendment protects the right of same-sex couples to marry in light of doctrinal developments, as well as fundamentally changed social understanding

  3. Rosenberger v. Rector & Visitors of University of Virginia

    515 U.S. 819 (1995)   Cited 1,375 times   8 Legal Analyses
    Holding that the Establishment Clause does not bar disbursement of funds from student activity fees to religious organizations

  4. Rumsfeld v. Forum for Academic

    547 U.S. 47 (2006)   Cited 889 times   11 Legal Analyses
    Holding that nothing about having military recruiters on campus "suggests that law schools agree with any speech by recruiters"

  5. Baker v. Carr

    369 U.S. 186 (1962)   Cited 5,306 times   11 Legal Analyses
    Holding that the plaintiffs had standing to challenge Tennessee's apportionment of state representatives when that apportionment "effect[ed] a gross disproportion of representation to voting population"

  6. United States v. Craft

    535 U.S. 274 (2002)   Cited 510 times   4 Legal Analyses
    Holding that a federal tax lien may attach to tenancy by the entireties property to satisfy the tax obligation of one tenant

  7. Harris v. Nelson

    394 U.S. 286 (1969)   Cited 1,619 times   7 Legal Analyses
    Holding that Federal Rule of Civil Procedure 33 regarding interrogatories is not applicable to habeas cases

  8. Riley v. National Federation of Blind

    487 U.S. 781 (1988)   Cited 721 times   6 Legal Analyses
    Holding that the First Amendment prohibits state restriction on the amount a charity may pay a professional fundraiser

  9. City of Ontario v. Quon

    560 U.S. 746 (2010)   Cited 342 times   28 Legal Analyses
    Holding that the police department's warrantless search of a police officer's pager was reasonable because it was not excessive in scope and was motivated by a legitimate work-related purpose

  10. United States v. New York Telephone Co.

    434 U.S. 159 (1977)   Cited 908 times   6 Legal Analyses
    Holding Rule 41 broad enough to authorize installation and use of pen registers

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 507,464 times   709 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Section 1651 - Writs

    28 U.S.C. § 1651   Cited 11,462 times   62 Legal Analyses
    Granting us the power to "issue all writs necessary or appropriate in aid of [our] . . . jurisdiction[] and agreeable to the usages and principles of law"

  13. Section 2510 - Definitions

    18 U.S.C. § 2510   Cited 4,324 times   80 Legal Analyses
    Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"

  14. Section 2518 - Procedure for interception of wire, oral, or electronic communications

    18 U.S.C. § 2518   Cited 2,929 times   13 Legal Analyses
    Recognizing that some investigative techniques may be “too dangerous”

  15. Section 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited

    18 U.S.C. § 2511   Cited 2,851 times   45 Legal Analyses
    Imposing a penalty on persons who “intentionally intercept ... any wire, oral, or electronic communication”

  16. Section 2701 - Unlawful access to stored communications

    18 U.S.C. § 2701   Cited 1,361 times   135 Legal Analyses
    Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"

  17. Section 2703 - Required disclosure of customer communications or records

    18 U.S.C. § 2703   Cited 1,239 times   100 Legal Analyses
    Recognizing that these providers "shall disclose" such information "when the governmental entity uses an administrative subpoena authorized by a Federal or State statute"

  18. Section 3123 - Issuance of an order for a pen register or a trap and trace device

    18 U.S.C. § 3123   Cited 126 times   3 Legal Analyses
    Requiring certification by the applicant "that the information likely to be obtained ... is relevant to an ongoing criminal investigation"

  19. Section 1002 - Assistance capability requirements

    47 U.S.C. § 1002   Cited 48 times   2 Legal Analyses
    Excluding "information services"

  20. Section 1001 - Definitions

    47 U.S.C. § 1001   Cited 37 times   9 Legal Analyses
    Adopting definitions of 18 U.S.C. § 2510