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Can the Police get the iPhone Password from Apple

Discussion in 'Internet & Social Media Law' started by Jim D., Jan 6, 2022.

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  1. Jim D.

    Jim D. Law Topic Starter New Member

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    A friend of mine died a short time ago through an accidental OD. We believe someone gave (spiked) him with Fentanyl and it is now a police matter. They are being slow and saying his iPhone has a passcode and it is hard to get Apple to help them.

    Is there a way for police to subpeona (or order) Apple for his phone/text messages?

    - Jim
     
  2. Zigner

    Zigner Well-Known Member

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    The police know how to do such a thing...
     
  3. zddoodah

    zddoodah Well-Known Member

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    Order? No. Subpoena? Maybe. Depends on whether the alleged crime happened in a state in which the company could be served with a subpoena.
     
  4. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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  5. cbg

    cbg Super Moderator

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    Jim - this is not the first rodeo for either the police or the DA. They will know the circumstances under which it is possible to get a subpoena and they will know the processes to get it. It's neither your responsibility nor your concern. Let them do their jobs.
     
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  6. mightymoose

    mightymoose Moderator

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    No.
     
  7. flyingron

    flyingron Well-Known Member

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    Apple doesn't have his phone/text messages, but the phone company does and the police can very much issue a warrant to his carrier for such.

    As for breaking into the phone itself, the police (if they have the warrant) have tools that get into the phone without Apple's help.
     
  8. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Not if the texts were through iMessage.
     
  9. Zigner

    Zigner Well-Known Member

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    Which technically aren't "text messages" ;)
     
  10. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    But they are interchangeable when someone says "Text me." They both go through the texting app on the phone.
     
  11. Zigner

    Zigner Well-Known Member

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    Oh, I know...I get it :)
    With that said...if an actual SMS text message is sent, even if it's processed through the iMessage app on the phone itself, the phone company would (may) still have it.
     
  12. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    As I understand it, if the message is blue it never goes through the carrier unencrypted if at all.
     
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