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To: Washi; cbvanb

—If the phone just has a password screen lock, then it doesn’t matter. The police are exporting the data from the cell phone and can examine it at their leisure. —

I was thinking of it more in a legal sense as mentioned in post 24 (referenced to a locked container) as opposed to a literal sense. I’m thinking of it as being a locked box with a very cheap lock on it. Can the police legally break or pick the lock to examine the contents?


31 posted on 10/08/2011 7:29:22 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: cuban leaf

In all my training and experience a locked container can not be opened without a warrant. If it was a small or portable container the courts have previously ruled that the entire container can be impounded until a warrant is obtained, but it cannot be opened. A lock is a clear indication that the owner is preserving his right to privacy and has a reasonable expectation thereof. In my opinion this is a major shift in erosion of privacy rights and the courts know exactly what they are doing here. If it gets past the USSC we’re screwed.


33 posted on 10/08/2011 8:18:56 AM PDT by cbvanb
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To: cuban leaf
I was thinking of it more in a legal sense...

Ah. Got it.

You would hope that if the law uses the analogy of the "container" in the first place, then a screen-locked cell phone would be equivalent to a closed/locked container (which the police, supposedly, are not allowed to open).

34 posted on 10/08/2011 10:23:56 AM PDT by Washi
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