You are on page 1of 40
an a2 as aa as 16 a8 as 20 a 22 23 24 25 26 2 28 EILEEN M. DECKER United States Attorney PATRICIA A. DONAHUE Assistant United States Attorney Chiet, National security Division TRACY’ L. WILKISON (California Bar No, 184948)" Assistant United States Attorney e Chief, cyber and Intellectual Property Crimes Section — ALLEN’ W. CHIU (California Bar No. 240516) Assistant United States Attorney ‘Terrorism and Export Crimes Section 1500 United States Courthouse 312 North Spring Street Los Angeles, California 90012 ‘Telephone: | (213) 894-0622/2235 Facsimile: (213) 894-8601 Bnail: ‘Tracy.Wilkisoneusdoj .gov Allen: Chiueusdoj .gov Attorneys for Applicant UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA IN THE MATTER OP THE SEARCH OF AN APPLE IPHONE SEIZED DURING ‘THE EXECUTION OF A SEARCH WARRANT ON A BLACK LEXUS 1S300, CALIFORNIA LICENSE PLATE 38KGD203, ED No. 15-0451" GOVERNMENT’ EX PARTE APPLICATION ORDER COMPELLING APPLE TNC. TO ASSIST AGENTS IN_SERRCH; MEWORANDUN OF POINTS AND ROTHORITIES; DECLARATION OF CHRISTOPHER PLUWAR? EXEIBTT ‘The United States of america, by and through its counsel, Assistant United States Attorneys Tracy L. Wilkison and Allen ¥. Chiu, hereby applies to the Court ex parte pursuant to the All Writs Act, 28 U.S.C, § 1651, for an order that Apple Inc. (Apple) provide assistance to agents of the Federal Bureau of Investigation ("FSI") in their search of @ cellular telephone, Apple make: iPhone SC, Model: A532, P/N: MGFG2LL/A, S/N: FFMNQSMTG2DS, IMEI: 38820052301412, on the Verizon Network (the “SUBJECT DEVICE"). The search and seizure of the SUBJECT DEVICE was authorized through a a2 a3 aa as 16 a7 18 1s 20 aa 22 23 24 25 26 27 28 search warrant which was obtained on December 3, 2015, Docket Nunber 8D No. 35-0451M, and was executed on the same day ‘This application is based on the attached declaration of FSI Supervisory Special Agent Christopher Pluhar, and the files and records of this case, including is attached hereto as Exhibit 1 Dated: February 16, 2016 the underlying search warrant, vhich Respectfully submitted, EILEEN M. DECKER United States Attorney PATRICIA A. DONAHUE Assistant United States Attorney Chief, National security Divisicn Tose Wile— TRACY L. MILKISON ALLEN W. CHIU Assistant United states Attorneys Attorneys for Applicant UNITED STATES OF AMERICA 10 an a2 a3 as as 16 7 ae as 20 au 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES 1X. INTRODUCTION In the hopes of gaining crucial evidence about the Decenber 2, 2015 massacre in San Bernardino, California, the government has sought to search a lawfully-seized Apple iPhone used by one of the nase aurderers. Despite both @ warrant authorizing tne search and the phone owner's consent, the government has been unable to complete the search because it cannot access the iphone’s encrypted content. Apple has the exclusive technical means which would assist | the government in completing its search, but has declined to provide that assistance voluntarily. Accordingly, the government respectfully requests that this Court issue an order compelling Apple to assist in enabling the search commanded by the warrant TE, FACTUAL BACKGROUND ‘The Federal Bureau of Investigation (*PBI") is in possession of a cellular telephone that was used by syed Rizwan Farook ("Farook"), one of the terrorists who caused the Decenber 2, 2015 shooting death of 14 people, and the shooting and injuring of 22 others, at the Inland Regional Center (*IRC") in San Bernardino, California. The cellular telephone is of apple make: iPhone SC, Model; A1532, P/W: MGPG2LL/A, S/N: FFMNQSNTG2DI, IMB: 3820052301412, on the Verizon Network ("the SUBJECT DEVICE"). The SUBJECT DEVICE was seized pursuant to a federal search warrant for a black Lexus 1S300 in Docket Number ED 15-0451M, which was issued by the Honorable David T. Bristow, United states Magistrate Judge, on December 3, 2015 ‘The underlying search warrant, which authorizes the search of the contents of the SUBJECT DEVICE, is attached hereto as Exhibit 1 and incorporated herein by reference

You might also like