Phone Dismantling Not Searchable

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Fourth Amendment violation

Techdirt

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Is manhandling a phone to make it responsive to a search itself a search, or does the Fourth Amendment not kick in until after the search of the phone’s contents occurs?

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Federal Court says Dismantling a phone to install Firmware isn’t a search, or does the Fourth Amendment not kick in until after the search of the phone’s contents occurs? The court notes in the opening of its decision [ PDF ] that the final search occurred months after devices were seized.

The government held onto all of these for more than a year and had to bring the suspect's iPhone back to life to search it.

This is another government party extensively modifying seized property to make it more receptive to phone-cracking efforts.

One would think a court would need to be apprised of this opportunity before it became a reality.

The court is not completely wrong to rule that reviving a device so it can be searched isn’t actually a search under the Fourth Amendment .

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