Assignment task: Hypothetical Fact Summary:
The local police have just arrived where they believe a serious crime has occurred and have secured the location using appropriate protocols. They discover the home's elderly sole owner was critically injured by a gunshot wound in the front hallway near the home security control pad. The police rush the victim to the hospital where he remains in a coma. Inside the site, they find out that the house is electronically automated. The lighting, climate, appliances, security, and entertainment systems are connected to the Internet and operated through voice control on an app on the owner's cell phone. All the home automation devices were connected through a home network with WIFI connectivity supplied by a local cable company. Unfortunately, the local police cannot access the owner's Apple iPhone because it is locked, and they do not know the passcode to unlock it. They notice an Echo device in the hallway near where they discovered the body. They call the FBI for assistance to investigate this murder case because they do not have the available resources to process the electronic evidence they believe is key to the murder investigation.
Some questions to consider when analyzing these facts:
Question 1: Why would the police want the data from the devices and who owned the devices? So, unless you have some facts from the hypothetical that suggest the victim conspired with the perpetrator?
Question 2: Law enforcement could obtain consent from the victim. What about the federal Victim Rights Act?
Question 3: Wouldn't that allow the government to seek consent from a family member, if there were any?
Question 4: A warrant would be appropriate for the iPhone. However, would a warrant be required for all the devices?
Question 5: Is there legal authority prohibiting the FBI from jailbreaking a device in the U.S.?