It’s not Apple’s phone. It belongs to a dead mussie. I don’t think the 4th. would apply. It would be up to the phone’s owner through their lawyer to refuse.
Does the company have 4th amendment protection?
But the software as I understand still belongs to Apple because it was only licensed to the dead muzzie and unlike the hardware is not sold. Therefore the software is still theirs. The data related to the individual is the individuals and is what the LEs really want. They are trying to use the case to obtain the property of Apple when what the warrant is likely for is just the data of the individual.
I agree that there should be a middle ground where Apple, if they have the ability, has a technician uses their property to obtain the data for LE - provided LE have properly executed a search warrant for the data.
Apple should not have to hand over their keys indefinitely since that is their property and they have done no wrong.
The data is what should have a warrant placed on it.