Why did the US court ban law enforcement officers from examining the smartphone lock screen without a warrant?

It is important to consider such decisions in order to understand how legal norms are applied in the West - to see what in theory can be inspired by local regulators in other countries of the world. Also, knowing these practices will help you feel prepared when traveling.



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Photo -丁 亦然- Unsplash



What the judge decided



At the end of May, the Seattle District Court ordered FBI investigators to obtain a search warrant before turning on the smartphone of detained citizens. The lock screen often displays personal information, and unauthorized access to it violates the fourth amendment to the US Constitution - it prohibits unreasonable searches.


The judge noted that the requirement does not apply to the police officers who make the arrest. They are allowed to search a mobile device without a warrant, but only in exceptional cases - for example, if they believe that the evidence on the smartphone will be destroyed in the near future.



However, law enforcement officers cannot force a detainee to unlock a mobile device. In 2019, a North Carolina court equated this requirement with self-incrimination.



Public opinion



The decision of the court in Seattle was met positively by the society . The ruling set a precedent that lawyers can refer to in the future, and was another step towards the confidentiality and security of personal correspondence.



Although some in the IT community wondered how to apply the new regulation for smartphones with the Raise to Wake feature , where the screen automatically turns on when the device is lifted. Perhaps a new precedent will be needed to clarify this issue.



Border issue



Another important decision related to the search of mobile devices was made at the end of last year by a Boston federal court. According to Judge Denise Casper, border guards must have good reason to view the contents of smartphones and laptops . Thus, regular screening of gadgets at airport terminals was considered a violation of human rights.





Photo - 
Ali Yahya - Unsplash



Representatives of the American Civil Liberties Union and the Electronic Frontier Foundation (EFF) considered the court's decision a big victory, as it extends the fourth amendment to the US Constitution to all travelers crossing the American border.



Of course, the new rules apply only to the United States border service. But the problem with screening electronic devices at airports exists in other countries - for example, Canada , the United Kingdom and China .


Soon, restrictions on international flights will be lifted, and we will start traveling to other countries again - and before that, it is worth taking precautions. For example, engineers at Basecamp recommend encrypting all corporate data, copying it to the cloud, and deleting it from a mobile device. Further, it remains to log out into the cloud service so that only you can restore the information. More recommendations on the topic - in the previous article .






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