ABA Journal: Can a lost phone be searched without consent? 9th Circuit will consider

“The real question is: Does someone expect that because they lost their phone that anyone who finds it—including the police—should be able to look through all their photo albums, their emails, their messages or the entire history of where they’ve been if they have location tracking on?” says Tom McBrien, counsel for the Electronic Privacy Information Center, which filed an amicus brief in the case along with the ACLU of Oregon. “We think it’s pretty obvious that people have a reasonable expectation of privacy for all that stuff.”

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