Now it looks like things are about to get tougher for these law enforcement agencies because a Seattle-based District Judge has recently ruled that unless the police have a search warrant, even viewing the lock screen of a handset can be considered as a search. This means that without a warrant, it violates the person’s Fourth Amendment rights.
This stems from a case back in 2019 where a man by the name of Joseph Sam was arrested and indicted on charges related to robbery and assault. A year later when the FBI obtained the phone, they turned on the phone and took a photo of the phone’s screen, in which Sam’s lawyer argued in the court that it should not be admissible as evidence due to the lack of a warrant.
The judge overseeing the case agreed where it was suggested that by taking a photo of the phone’s lock screen, it was qualified as an unlawful search and violated Sam’s Fourth Amendment rights. There is no doubt that moving forwards, this will set a precedent for future similar cases.