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Sunday, April 3, 2011

CO Supreme Court Rules for Defendant's Right to Privacy of iPhone

From HuffPost Denver:
The (Colorado) Supreme Court sided Monday with a man whose iPhone was snooped through by an Aspen police officer that lead to search warrants based on the evidence retrieved during that illegal search.

Although the high court refused to address the Fourth Amendment directly, it was a victory for David Shutter, 32, of Aspen, who inadvertently locked his phone in a public bathroom. Shutter was told by the store clerk to come back later, but officer Matt Burg got there first.

After the officer answered the phone several times, and began scrolling deep into the text history, incriminating messages were used to issue search warrants for Mr. Shutter and his mother's homes. Drugs, drug paraphernalia and other damning evidence found during these searches lead to multiple felony charges.

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