this post was submitted on 09 Nov 2024
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Well, when you confiscate a piece of paper, even without a warrant to read it you can do that physically when it's in your possession, and it's part of the evidence or something, so everyone else can too, so why even fight for that detail.
They just pretended it's fine with mobile computers.
I thought that "fruit of a poisonous tree" is a real principle, not just for books about Perry Mason. /s
So - yes. It's just really hard to trust Apple.
To confiscate anything, unless it's lying openly, you need a warrant.
If a cop sees an unlocked phone with evidence of a crime on it, that doesn't need a warrant. If it's locked and they only have the suspicion of evidence, they need a warrant. Same as with entering a building or drilling a safe.
Is analogy with people in (very quiet) places who don't lock doors to their homes correct? Then it's as if the door is not locked, a cop doesn't have to ask permission (or warrant)?
No. Even if a house is unlocked, the fourth amendment guarantees "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures".
What constitutes "unreasonable", is of course, up to a judge.
If a cop can look in your window from the porch and see a meth lab, yeah, they're going to come back with a warrant, mostly because they can't just pick up the house and take it to evidence. If your phone is lying unlocked, and they see something obviously criminal on the screen, they're going to take it right then and there.
That's what I meant. Phones should be treated similarly to houses.
Seems like he's saying they are. If they see something criminal on the phone then it's not an unreasonable seizure.
That argument sounds great until you consider that a piece of paper won't contain almost the entirety of your personal information, web traffic, location history, communications. You may say you could find most of that pre computer era in someone's house, but guess what you would need to get inside and find those pieces of paper...
It's not an argument, just a thought.