You seem to have been operating under the misapprehension that Apple is in violation of a search warrant. Nothing could be further from the truth. Apple received search warrants for those documents they had custody of relating to the San Bernardino terrorists and duly turned them over to the terrorists. Every single one of them. Done long ago.
Apple has been also assisting the FBI with reasonable attempts with the technology they currently have available to open the iPhone for the past two months. That is all they are legally required to do.
No further SEARCH WARRANTS have been issued to Apple. The Fourth Amendment is not what this is about. Apple was issued an All Writs Order, one that attempts to do something that an All Writs Order cannot do, address something that Congress has already addressed and taken action on. The state of the law is quite clear. When Congress has addressed an issue and either taken action, or in its wisdom elected NOT to take action, the Courts may not override that opinion of Congress by using the All Writs Act to thwart the will of Congress.
This is not something that is actually a negative non-action, but one of positive action by Congress. Congress passed the Communications Assistance for Law Enforcement Act in 1994 in which it addressed encryption. In CALEA, Congress prohibited law enforcement agencies or its agents from performing the very act this Court Order is attempting to do, require a manufacturer to install a specific feature or installation of software to disable encryption on any communications device.
By ordering Apple, a manufacturer of telecommunications equipment to do just that, the FBI, a Law Enforcement Agency, by using the All Writs Act through the Courts, is acting completely in violation of the Federal CALE Act. They are using the All Writs Act wrongly, as it is intended to cover areas where Congress has NOT acted, and in this case, Congress HAS acted and told the courts they cannot do this. In addition, even had it not, the All Writs Act, under case law, can only order assistance if it is not an undue burden. That has been interpreted to mean it has to be something the person under order would do in the ordinary course of business for their own purposes. Creating an entirely NEW operating system that destroys years of work locking down their security would never be something Apple would do for their own purposes. Ergo, it fails several of the three tests for the All Writs Act to be applicable to apply in this case.
Finally, the All Writs Act cannot be used to force the creation of anything new. . . something that does not, at this time exist, especially something that has been ruled by superior courts to be "speech" for the purposes of the First Amendment. That would put Apple in the position of being force to SPEAK government coerced speech, something prohibited under the First Amendment, uttering something with which they are in total disagreement.
I am not going to be so condescending as you to quote that Amendment. . . which you did to make it look as if I am not familiar with the Constitution. However, it appears to me that it is you who is not familiar with the philosophy undergirding its creation, and why each amendment was added, or how they all interact.
"Unreasonable"? Several dozen people were killed in San Bernadino."Probable cause"? The phone in question either can,or cannot,reasonably be believed to have been connected to San Bernadino.And if it can...the "oath or affirmation" bit is just a formality.
See...I solved it.And I've never even attended law school.
And if,once all three parts of the equation are seen to be in place,if your employer refuses to obey the court order they are,in a very *real* sense,giving aid and comfort to the enemy not just of the United States,but of Western Civilization.But rest assured that I understand that if Apple obeys the court order its stock price will plummet after sales in the Middle East,in China (where people have *good reason* to fear the government) and among child molesters,money launderers and other psychopaths,take a nosedive.
And who knows...maybe even Precious Timmy Cook,defender of everything beautiful and holy,might find *himself* in the dock once *his* iPhone is cracked.