FBI, stumped by pimp's Android pattern lock, serves warrant on Google

Re:FBI, stumped by pimp's Android pattern lock, serves warra... by tedunangst on Wednesday March 14, 2012 @03:43PM (#3704968)

Soghoian wonders about the legality of accessing a still-operational cell phone. ... But a US Magistrate Judge disagreed.

As a side note, I really dislike this style of reporting. I doubt the judge disagreed with Soghoian if Soghoian published his blog post after the judge published his opinion. The article makes it sound like a stupid judge made the wrong decision by not reading some expert opinion that was available to him. If the judge disagreed with anybody, it was defense counsel. But the article doesn't mention any objection by the defense. Perhaps, because as a lawyer, he is in a better position to know what's legal and what's not?

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Re:FBI, stumped by pimp's Android pattern lock, serves warra... by inchcombec on Wednesday March 14, 2012 @05:36PM (#3705490)

I noticed that too and agree entirely. There is absolutely nothing in the article that suggests this argument was actually made and rejected. At the end of the day, judges are people too and can't possibly have the entirety of all case law in their minds at all times. It is up to defense attorneys to research the case and bring up relevant arguments. I just can't see anything in the article that even suggests that the idea of a wiretap warrant being more appropriate was even discussed.

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