10th Circuit Provides Guidance on Cloud Data Searches

Federal appeals court rules warrant for couple's Apple account was too broad, but upholds convictions due to good faith

Apr. 10, 2026 at 10:09pm

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A serene, photorealistic painting of a laptop computer sitting alone on a desk, its screen glowing softly in the warm, angled light of a window, conceptually representing the sensitive personal data stored in cloud-based accounts.The 10th Circuit's guidance aims to ensure police searches of cloud-based data strike the right balance between privacy rights and criminal investigations.Denver Today

The U.S. Court of Appeals for the 10th Circuit in Denver provided guidance to law enforcement on Monday for ensuring cloud-based account searches comply with the Fourth Amendment. The court found that the warrant used to search Kimberley Tew's Apple account was unconstitutionally broad, but upheld her and her husband Michael's fraud convictions, ruling that authorities acted in good faith.

Why it matters

The 10th Circuit's ruling highlights the challenges law enforcement faces in adapting Fourth Amendment protections to rapidly evolving cloud-based technology. The court's guidance aims to ensure cloud searches are properly limited in scope to protect individuals' privacy rights while still allowing legitimate criminal investigations.

The details

The Tews were convicted of wire fraud and money laundering for defrauding their former employer, National Air Cargo, of $5 million. Authorities obtained a warrant to search Kimberley Tew's Apple account for evidence related to the conspiracy, money laundering, and wire fraud. However, the 10th Circuit found the warrant was too broad, as it allowed the government to potentially seize all of Kimberley's personal data, including communications about her marital relationship, under the guise of finding evidence of the crime's motive.

  • The 10th Circuit issued its ruling on April 6, 2026.
  • Kimberley and Michael Tew were convicted and sentenced to approximately 4 years in prison.

The players

U.S. Court of Appeals for the 10th Circuit

The federal appeals court that provided guidance on cloud data searches and upheld the Tews' convictions.

Kimberley Tew

One of the defendants convicted of wire fraud and money laundering for defrauding her former employer.

Michael Tew

Kimberley Tew's husband, who was also convicted of tax fraud in addition to the wire fraud and money laundering charges.

Chief Judge Daniel D. Domenico

The U.S. District Court judge who initially denied the Tews' motion to block evidence from Kimberley's Apple account.

Judge Richard E.N. Federico

The 10th Circuit judge who authored the court's opinion providing guidance on cloud data searches.

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What they’re saying

“Although these types of warrants are becoming more common, our Fourth Amendment doctrine lags behind the technological advances that allow for integrated and cloud-based storage of massive amounts of personal data. Which is to say, there is still little precedential authority expounding on the unique challenges raised by such warrants.”

— Judge Richard E.N. Federico, Author of 10th Circuit opinion

“Just think about it: 2½ years of emails, instant messages, text messages, phone records, video recordings, photographs, location data, financial records, iCloud records, and device backups. That's a huge amount of data.”

— Justin A. Lollman, Attorney for Kimberley Tew

What’s next

The 10th Circuit's guidance on cloud data searches is expected to influence how law enforcement agencies obtain and execute warrants for digital evidence stored in the cloud.

The takeaway

This case highlights the need for courts to continue updating Fourth Amendment protections to keep pace with rapidly evolving digital technology and data storage methods. The 10th Circuit's ruling provides a framework for ensuring cloud searches are properly limited in scope to balance privacy rights with legitimate criminal investigations.