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State Appeals Court Says Exigency Beats A Warrant Requirement If A Phone Has A Passcode

State Appeals Court Says Exigency Beats A Warrant Requirement If A Phone Has A Passcode

5 years ago
Anonymous $TjsaxHwAP-

https://www.techdirt.com/articles/20180703/12213740169/state-appeals-court-says-exigency-beats-warrant-requirement-if-phone-has-passcode.shtml

The Supreme Court's Riley decision made one thing clear: cellphones are not to be searched without a warrant. Somehow, the Georgia Court of Appeals has reached a different conclusion than the Supreme Court of the United States, even as it cites the ruling. [h/t Andrew Fleischman]

It's a decision [PDF] that's decidedly law enforcement-friendly. And it's one that will pair nicely with the FBI's overblown "going dark" assertions. An arrested individual requested his phone so he could retrieve a phone number to give to the officers questioning him. Here's what happened once he had retrieved that info.