FBI to help authorities access iPhone and iPad of suspects in slaying of Arkansas couple
A successful attempt by the FBI to access the encrypted iPhone of a man responsible for a mass shooting in San Bernardino, California, may be just the beginning of a new era of smartphone transparency.
Days after a Monday announcement that the feds had penetrated the iPhone of Syed Rizwan Farook, with the help of an unidentified third party, comes news that the FBI has agreed to help unlock the iPhone and iPad of two suspects in the slaying of an Arkansas couple, Robert and Patricia Cogdell, according to the Arkansas Democrat-Gazette and the Los Angeles Times (sub. req.).
It is not clear that the government will be able to use the same method to break into the suspects’ devices in the Cogdell case that was used on Farook’s phone.
However, prosecutor Cody Hiland, who represents the 20th Judicial District, said the FBI’s field office agreed this week to help the state gain access. On Tuesday, the government sought a delay in the trial of defendant Hunter Drexler, 18, who was charged with capital murder along with the Cogdells’ grandson, Justin Staton, 15, in the double-slaying case. Two others face murder charges as well, and all have pleaded not guilty.
The FBI declined to comment. It appears from news coverage that Hiland intends to get a warrant to access the devices.
Attorney Patrick Benca represents Drexler and said he is “not concerned” about the contents of his client’s phone, but said he believes the country is on a very slippery slope as far as privacy rights are concerned.
The articles don’t include comment from Staton’s attorney.
Attorney Andrew Crocker of the Electronic Frontier Foundation said he is doubtful the bureau will use the same method in the new case that was applied to Farook’s phone.
“In a criminal case, if the FBI uses a technique, there’s going to be questions about divulging that technique or chain of custody to the defense,” he told the Times. “So my instinct is this might be something different.”
Hat tip: Daily Mail
Related coverage:
KARK: “More Details Emerge In The Cogdell Couple’s Murder Investigation”
KATV: “4 charged in double homicide case appear in court”
