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Question: Can local law enforcement officers demand and then access data/information from a fitbit device without a warrant?

The hypothetical here is that while being held and possibly prior to any arrest they can demand I take the fitbit device off and then proceed to access data/information from it. Similiarly they can access the device if it is not on me. For example laying in the passenger seat.

  • Is the question specifically about a fitbit, or would it include a notebook, cellphone, or computer? – user6726 Jan 14 '18 at 18:36
  • For the purpose of this question we are only concerned with fitbits. – user3195446 Jan 14 '18 at 18:38
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I am assuming United States jurisdiction.

Where is the data stored? Locally on the fitbit device, or in the cloud with the fitbit provider?

With regard to your rights: https://www.eff.org/issues/know-your-rights#37

Generally speaking if the data in question itself is in plain sight they don't need a warrant. e.g. if your fitbit displays the number of steps you have taken today and its on your arm, that information is in public view.

For your second part, where the device is on the passenger seat, are we to assume you are with the vehicle? e.g. if the fitbit is in the car and you aren't there, they could ask your significant other, or room mate if they can look at the device and they can probably give consent for the item to be search.

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    I doubt a roommate could authorize a search of your possessions inside your vehicle, especially if the police know it belongs to you and not your roommate. – D M Jan 15 '18 at 21:31
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    Ownership of the vehicle wasn't clarified by OP. There are a lot of variables in that scenario: like is the 'fitbit' in the owners possession (like their pocket, or is it sitting under their seat? Who is in the vehicle? Is it just the roommate? I would agree that if the fitbit is in the owners pocket, only they could give consent. But if its sitting under their seat, or in the console, that would be a pretty big grey area. – ÁEDÁN Jan 15 '18 at 21:58

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