Soccerdad1995 wrote:mojo84 wrote:Do those of you that think Apple was in the right believe judges should not be able to issue search warrants in cases where there is justifiable reason to perform a search?
As far as making the argument this is the same as government overreaching and encroaching upon privacy and personal liberty, I believe that is not a valid argument. The government went through the court system and requested he order Apple to assist based upon probable justifiable cause to perform the search of the phone. I also understand Apple not wanting to be a part of breaching it's own security system as they believe it would open pandora's box. I also agree they should fight it up to the point of the judge ordering them to help.
There has to be some point when an individual loses some rights to privacy and protection from search and seizure. It has been established over time it's when there is justifiable probable cause (probably not the exact proper legal wording) and a judge issues a warrant or order. If not, then we need to do away with the search warrant process altogether.
I believe that Apple was in the right so I will answer.
I believe that judges should be able to issue search warrants as long as such searches do not run afoul of the 4th amendment. I believe that warrants should be specific and limited in nature. I also believe that this process should be transparent and open and not result from "secret" courts.
I do not believe that police should have the ability to search phones without having obtained a warrant. I also believe that no person (or company) should be compelled to work for the government against their will. Specifically, no person / company should be forced to hack into a phone or other device.
In other words, I believe that Apple was in the right.
Was it a secret court in this case? How does this run afoul of the 4th? Isn't this similar to having a property manager open the door of a suspects apartment so the cops can execute the search warrant? It's my understanding the order was for this one phone. If Apple would have done it, they could have controlled the process. Now it's out of their hands and the show is on than other foot. People know how to breach their security and they don't.
I agree police shouldn't be able to search a phone without a warant. That is not the case here.
I also believe Apple was right up to the point they refused to obey the judge's order. Now they have put themselves at a strategic disadvantage. Their encryption has been broken, they don't know how and everyone knows their phones aren't as secure as promised. Whether one likes Apple products or not, they did not come out a winner in this ordeal.
By the way, phone companies are required to keep metadata on file for the government, I am reqiired by the government to keep certain client records for period time. Am I having to unjustly work for the government?
