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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 aa2
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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 AMERICA10
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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