Commentary
In its motion filed yesterday, Apple states: “Nor does society tolerate violations of the Fourth Amendment, even though the government could more easily obtain critical evidence if given free rein to conduct warrantless searches and seizures” (p.35, l.11). Yet, nowhere in its motion or supporting Memorandum of Points and Authorities does Apple argue that compelling it to assist in the search of the San Bernardino killer’s phone would be a violation of the Fourth Amendment.
There is no Fourth Amendment search and seizure issue here, because a neutral and detached magistrate issued a search warrant for the phone and because the owner consents to the search. The Fourth Amendment prohibits unreasonable searches and seizure. Searches pursuant to a valid warrant or with the consent of the owner are presumptively reasonable.
- William C. Snyder
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