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MTR OF 381 SEARCH WARRANTS

30207/13, 30178/14.

132 A.D.3d 11 (2015)

14 N.Y.S.3d 23

2015 NY Slip Op 06201

In the Matter of 381 SEARCH WARRANTS DIRECTED TO FACEBOOK, INC., Appellant. NEW YORK COUNTY DISTRICT ATTORNEY'S OFFICE, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 21, 2015.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher LLP, Washington, DC ( Thomas H. Dupree of the bar of the District of Columbia admitted pro hac vice of counsel), and Gibson, Dunn & Crutcher LLP, New York City ( Orin Snyder , Alexander H. Southwell and Jane Kim of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney's Office, New York City ( Benjamin E. Rosenberg and Bryan Serino of counsel), for respondent.

New York Civil Liberties Union Foundation, New York City ( Jordan Wells , Mariko Hirose and Arthur Eisenberg of counsel), for New York Civil Liberties Union, amicus curiae.

American Civil Liberties Union Foundation, New York City ( Alex Abdo of counsel), for American Civil Liberties Union, amicus curiae.

Perkins Coie LLP, New York City ( Jeffrey D. Vanacore of counsel), for Dropbox Inc., and Others amici curiae.

Holwell, Shuster & Goldberg LLP, New York City ( Richard J. Holwell , John M. DiMatteo and Daniel M. Sullivan of counsel), for Foursquare Labs, Inc., and Others amici curiae.

GONZALEZ, P.J., DeGRASSE, MANZANET-DANIELS and GISCHE, JJ., concur.

OPINION OF THE COURT

This appeal raises the question of whether an online social networking service, the ubiquitous Facebook, served with a warrant for customer accounts, can litigate prior to enforcement the constitutionality of the warrant on its customers' behalf. Rather...

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