—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?
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.
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).