I would surmise the Fourth and Fifth Amendments to the Constitution would have a definitive bearing on this issue. In the Fourth we read "...secure in their persons, houses, papers, and effects ..... " - a smartphone is an "effect." In the Fifth we read " .... nor shall be compelled to be a witness against himself ..... " - data on a smartphone or any other device is witness testimony.
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John Ferman
Minneapolis, MN
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Posted by: John Ferman <johnwferman@gmail.com>
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