According to foreign media reports,A district judge in Seattle has ruled that the FBI and other law enforcement agencies should not view the lock screen of mobile phones without a search warrant because it violates the rights granted to US citizens by the fourth amendment.
Law enforcement agencies must obtain a search warrant before attempting to unlock a U.S. citizen's mobile phone, obtain data from a manufacturer, or obtain any information from an operator. Now, for the same reason, they have to apply for a search warrant even before checking the suspect's cell phone lock screen.
The judge's decision came from Joseph
A year later, FBI got the phone as evidence against Sam. They turned on the phone, took a picture of the lock screen, which showed
Sam's lawyer then moved that the evidence of the appeal should not be used as evidence in court because it was obtained without a search warrant.
Judge in charge of the case, John
The reason is that the police have been given more power during the legal arrest, for example, as an operation to count the personal belongings of suspects, which may allow the opening of mobile phones. Because it is impossible to see how the police deal with mobile phones, there is not enough evidence to determine whether their actions are illegal.
However,When the FBI took over the phone, their intentions were clear. When his agents took photos of the lock screen, it was an illegal search, violating Sam's rights under the fourth amendment.
Government lawyers argue that the content on the lock screen is not private information. They believe that the lock screen is designed specifically for non mobile owners to view when they try to access the phone, and there is no reasonable expectation of privacy.
Judge Kovnaul did not agree. He wrote:
Suspects cannot be forced to provide passwords to unlock their phones, as this is considered testimony and protected by the fifth amendment.
Whether suspects can be forced to use biometric features to unlock, such as touch ID or face ID, is another matter.
In 2019, a U.S. federal judge ruled that police could not force suspects to use biometric features to unlock their phones, as it violated the fourth and fifth amendments.