Practice question
Police lawfully acquire a phone during a warrantless arrest and now wish to obtain its stored data for forensic examination. Does lawful physical possession by itself dispense with the section 6.9 warrant?
- Yes, possession authorizes every data search.
- No; the Rule requires applying first for the examination warrant.
- Yes, because phones cannot contain protected data.
- Yes, if the officer is curious.
- No; lawfully possessed devices can never be examined under any authority.
Legal references
- https://elibrary.judiciary.gov.ph/assets/pdf/journals/Collation_and_Codification_of_SC_Issuance_DIGITAL.pdf — A.M. 17-11-03-SC, July 3, 2018, Rule on Cybercrime Warrants; sections 2.3–2.8, 4, 5 and 6; PDF pages 670–680.
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