Seventh Circuit Lets Police Wipe a Convict's Phone Before Returning It
Should Police Wipe a Criminal's Cellphone Before Returning It?–U.S. vs. Stathas
In U.S. v. Stathas, the Seventh Circuit upheld the government's decision to digitally wipe a convicted man's cellphone before returning it, finding no procedure short of a full wipe could remove the sexually explicit messages and the victim's identifying information. The court ruled the government's interest outweighed the owner's claim to unrelated data, including evidence he said he needed for a civil suit against the police. Eric Goldman questions whether a phone wipe is too sweeping a remedy.
A phone not only contains in digital form many sensitive records previously found in the home; it also contains a broad array of private information never found in a home in any form—unless the phone is.