Let's take this a step further: if I have push mail on and my smartphone receives an email (or short message for that matter) while in possession of police, is that fair game? I didn't have that message on me when I was arrested.
Another question: if my phone is locked, are they allowed to hack it? Presumably no, since they did not have access to the information on the device when I was arrested, but it's a slippery slope in any case.
OTOH: any perp that doesn't use an autolocking phone is probably dumb enough to have made lots of other mistakes as well, so it may not make a difference in terms of conviction rates...
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Luddite judiciary
Let's take this a step further: if I have push mail on and my smartphone receives an email (or short message for that matter) while in possession of police, is that fair game? I didn't have that message on me when I was arrested.
Another question: if my phone is locked, are they allowed to hack it? Presumably no, since they did not have access to the information on the device when I was arrested, but it's a slippery slope in any case.
OTOH: any perp that doesn't use an autolocking phone is probably dumb enough to have made lots of other mistakes as well, so it may not make a difference in terms of conviction rates...