Phone Privacy & Search Warrants: Your Rights under the Fourth Amendment

Back in June, Apple announced that the new iOS 8 update would protect your privacy from government intrusion. If this is true, then the only way the police can get your info is if you voluntarily give up your unlock code.

In the past, police were able to access the digital information on your phone or other Apple device by approaching Apple with a warrant. With the recent iOS 8 update, however, new “deep protection” safeguards information that is stored on Apple devices so that, even when there is a warrant, Apple cannot access the information on the device unless the user surrenders his or her unlock code.

Information stored on iCloud is not secure and can therefore still be accessed with a search warrant, regardless of whether or not the device user gives up the passcode.

Read more about the update by clicking here to read an article in The New York Times.

Riley v. California – You Have Fourth Amendment Rights

You have the right under the Fourth Amendment to be secure in your papers and effects. The U.S. Supreme court has just established that those rights apply to your mobile phone in the case of Riley v. California.

Today, the police have no legal authority to seize your phone or other device to perform a search without a valid warrant. The new iOS 8 privacy feature closes a backdoor that previously enabled law enforcement to make such a search without the necessity of confronting the suspect.

If you are ever contacted by the police, always ask to speak to a lawyer before making any statements. Also, never allow entry into your home or allow the seizure of your property unless the police present you with a valid warrant, and do not hand over your phone or other device until a warrant has been produced. Contact a San Mateo criminal defense attorney from the Law Office of James Dunn today if your Fourth Amendment rights have been violated.