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by halJordan
136 days ago
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It means that if all the other evidence shows that the desired evidence is on the computer, then it is not a question of whether it exists, so youre not really searching for something. Youre retrieving it. That doesn't implicate the 4th amendment. |
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The 4th amendment would protect you from them seizing your phone in the first place for no good reason, but would not protect you from them seizing your phone if they believe it has evidence of a crime.
Regardless, it is not the thing that protects you (or doesn't, depending) from having to give or otherwise type in your passcode/pin/fingerprint/etc.