Looking at a phone's lock screen also requires a warrant, judge rules

guest · May 22, 2020

Looking at a phone's lock screen also requires a warrant, judge rules
The FBI accessing a lock screen violates someone's Fourth Amendment rights, one court found
May 22, 2020
https://www.cnet.com/news/looking-at-a-phones-lock-screen-also-requires-a-warrant-judge-rules/

US law enforcement pushing a button to bring up a phone's lock screen qualifies as a search and requires a warrant, a judge ruled this week. The ruling was earlier reported by Ars Technica.

During his arrest, an officer allegedly pressed the power button on his phone and called up the lock screen.
In February, the FBI turned on Sam's phone to take a picture of the lock screen. His lawyer filed a motion saying the evidence shouldn't have been collected without a warrant.

Judge John Coughenour of the US District Court in Seattle ruled in favor of that argument, stating that the FBI's actions went against Sam's Fourth Amendment rights.
He determined that turning on Sam's phone to take a picture of the lock screen qualifies as a "search" under the amendment. Because the FBI didn't have a warrant, he deemed the act unconstitutional.
Click to expand...

Government attorneys said Sam shouldn't have expected privacy related to his lock screen, since that's what anyone sees whenever they try to access a phone.
Coughenour said determining whether the lock screen is private doesn't matter.

"When the government gains evidence by physically intruding on a constitutionally protected area -- as the FBI did here -- it is 'unnecessary to consider' whether the government also violated the defendant's reasonable expectation of privacy," the judge wrote.
Click to expand...

Log in or Sign up

Looking at a phone's lock screen also requires a warrant, judge rules

guest Guest

Log in or Sign up

Looking at a phone's lock screen also requires a warrant, judge rules

guest Guest

Useful Searches