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So the question should come down to the admissibility of evidence gathered from access to a device. Rather than "search this device" it becomes "search this dev
by cmdkeen 11y ago
So the question should come down to the admissibility of evidence gathered from access to a device. Rather than "search this device" it becomes "search this device's photos" where if the authorities then dug through GPS data for instance it would be a warrant-less search.
The same principle already applies both in the UK and USA to physical searches of your person. If you're being searched for a weapon then patting down is a sufficient search, a strip search is not.
- AnthonyMouse 11y agoThe trouble is that unlocking the device gives access to the whole device. And the willingness of the government to use parallel construction to conceal the origin of evidence has removed the ability of courts to restrict the admissibility of unlawfully obtained evidence. If we can't prevent them from using unlawfully obtained evidence then they have to be prohibited from unlawfully obtaining it under the pretext of looking for something else.