Quote:
Originally Posted by Rockin Robbins
And I'm utterly dismayed that Apple did not offer exactly that solution. Then no tool would escape the process and the legitimate need to know the contents of a dead murderer's cell phone would be satisfied.
Apple would merely extract the data and send the data only to the Federal government.
|
It is important to remember that the FBI is in the business of collecting evidence and prosecuting cases in court. There has to be a chain of evidence custody. There are extensive rules of evidence that must be adhered to in order for data to be entered in to the court as evidence.
Imagine what a good defense attorney could do with:
"My client's cell phone was given to a corporation which is not a sworn law enforcement official agency; does not operate under the rules of evidence; is not certified by any legal authority, and the cell phone was exposed to unknown tampering outside of any supervision and "magically" incriminating evidence resulted. In addition this this we can't know what and how this tampering was done to my client's cell phone? We are supposed to trust that some tech at Apple did not add or subtract or in any way manipulate the data, just because they said so? Is that what your "evidence" is against my client?"
Your Honor, I respectfully suggest that the members of the jury be instructed to duck so they don't get hit when this case is thrown out of your court.
