Judge Rules FBI Cannot View a Phone Lock Screen Without a Warrant

[Mobster1983]

I’m not taking a stance either way, but I have a question:

If you are pulled over in your car, and police have probable cause to a search, they can go through every piece, crevice, box, etc in your car. They can open trunks, glove boxes, consoles. And if they find , say a box, inside the car, they can open that up.

So if they can legally do that, why can’t they open a phone?

Actually they generally can't. The only way they can really search your car is if you give them permission.

There are some nuances, like looking in your immediate vicinity under certain circumstances, they can get things that are in "plain view," or an inventory search incident to an arrest. But generally, no, police can't search your car unless you give them permissions.

I also know that Judge. Great guy and very smart.

 

[PinkyMacGodess]

In America crime pays. The laws handcuff law enforcement at every turn.

COINTELPRO is what happens when the FBI is able to slip their leash. This reference doesn't do the program justice. The FBI was breaking into people's homes, and taunting them that no one would believe they were really innocent.

I don't think you want the government to trash your life. They are very good at it.

 

[steve333]

The FBI had a very good reason to get into that phone, I'm amazed that some people here think it's OK to let a terrorist be protected

 

[Tech198]

How do we have to thank for this... Apple ?

If you start saying "SMS/messages would automatically clear after some time" then i bet it would be ok.

The FBI had a very good reason to get into that phone, I'm amazed that some people here think it's OK to let a terrorist be protected

Double-view.. In this instance ya,, but what if the phone was in the hands of a average user.... Thee table swing 90 degrees and now we'd be saying. its good Judge ruled this way...

Makes it difficult to say 'yes' in some cases, but 'no' to others.

 

[AFDoc]

FFS that was really a question? Who in their right mind would believe that they could look at a locked or even unlocked phone without the owners permission or a warrant?
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The FBI had a very good reason to get into that phone, I'm amazed that some people here think it's OK to let a terrorist be protected

And I can't believe there are people that could give 2 ***** about the Constitution.
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Hmmm interesting... for me this is more like looking in somebody's window - would that be unconstitutional without a warrant?

depends on where that person is. You can do anything you want (look/video) in any window you please as long as it's on public or your own private property. The eyes can not trespass.

 

[Tech198]

Few years ago, what info could you even get from a locked phone.. ? Compare that to today when just about everything person is just displayed. without unlocking

The real problem i think is forcing to "unlock" a phone... has always has been an issue except in U.S

 

[unplugme71]

The article title is missing the key word later.

As looking at the lock screen was ruled fine at the time of arrest.

Journalism is dead. We just have wannabes posting stories here. Much like a lot of the media these days.