[Swordmaker]

A search warrant on the shooter's iPhone is inappropriate as Apple does not have possession of the data on the iPhone, nor do they have access to the iPhone, nor do they have the ability to gain access to those data.

That being said, Apple may have possession of the back-up data from that iPhone stored in the shooter's iCloud account. As custodian of those data, a search warrant for those data is entirely appropriate and Apple is required to produce what it has access to produce and to hand those data over to the appropriate authorities, IF the Texas Shooter opted to back-up his iPhone to an iCloud account. If he did not so opt, then there will be nothing there. Apple did exactly that with the San Bernardino Terrorist's data from that iPhone 5c (unfortunately, that data was discontinued at the end of October at the option of the terrorist) and offered to do the same in the Texas Church Shooting as soon as they heard there was a phone involved. . . but apparently they were never contacted by the Texas authorities. Apple DOES have to have a valid search warrant in hand before they can legally violate any user's secure data.

One error in this article is that the FBI did eventually get the iPhone 5c in the San Bernardino Terrorist case unlocked at a cost of over $1 million, but not with "software" as it was a hardware hack requiring the use of virtual iPhones to unlock the older model iPhone. The "case" was never "dropped," because there really was no lawsuit against Apple, but rather an All Writs court order which was quashed.

After spending all that time and money to unlock the terrorist's iPhone, nothing dispositive was found on the device as it was discovered to have been used only for work purposes and had received only a couple of calls and a few incidental texts from the perpetrator's wife of the nature of "Are you on your way home?" and "Please stop and buy some milk on your way home."

[Swordmaker]

The Texas Rangers have issued a search warrant to Apple to unlock Devin Patrick Kelley's,the Texas church mass murderer's iPhone, and also to provide any data Apple may have stored in Kelley's iCloud account. Apple cannot unlock Kelley's iPhone because they do not have possession or a means to unlock the iPhone, but they do have possession of the iCloud data if Kelley opted to store a back-up of the iPhone's data in his iCloud account. A search warrant would be appropriate in that instance, but not for the iPhone. Apple OFFERED to provide those data the day after the massacre but no one contacted them until now. — PING!

Texas Search Warrants & Apple
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[Vermont Lt]

Someone needs to that this stuff to the Supreme Court so we won’t need to jerk around getting an answer in the future.

[plain talk]

That being said, Apple may have possession of the back-up data from that iPhone stored in the shooter's iCloud account.

That's exactly right. The search warrant is on the IPhone account and not the iPhone. Apple has the data in the cloud and should provide it based on a legal search warrant.

[freedumb2003]

1) Thank you for using “data” correctly as a plural noun
2) Completely agree with your analysis
3) Not so much an Apple issue — much broader IMHO. Apple is just the canary in the coalmine.

[DesertRhino]

Love and adore the rangers of yore. This modern bunch says they have a warrant..to make apple... somehow overcome....math?

morons...

[MeganC]

The story lies about what the FBI tried to do last year. They did not try to have Apple unlock the San Bernardino iPhone, they tried to force Apple to create a backdoor to EVERY iPhone.

That’s a hell of a big detail to mess up on.

[DesertRhino]

“Texas Ranger Kevin Wright has produced search warrants for photos, messages, documents, and other data that might be stored on Kelley’s iPhone and his iCloud account. Access to this information, authorities say, could help shed light on the worst mass shooting in the state’s history.”

Well gosh... a warrant?
Does he have any idea that this is a practical impossibility?

[DesertRhino]

I know you have done it dozens of times, but can you please post up details of how secure this phone is, and the absurdity that someone can just demand apple to “break into” it?

[PLMerite]

“... phones and the encryptions...”

Dibs on “iPhone and the Encryptions” for a band name.

[Squantos]

The shooter still had fingerprints didn’t he ? How about “future” protocol established to handcuff then use his fingerprints to open his phone before he reaches room temperature ?

[TheBattman]

The ineptitude of law enforcement is brain-numbing. Apple made it clear early-on that they were not contacted in any way about accessing said data. Indeed, with the proper warrant, Apple will provide any data they have access to.

In fact - had law enforcement had any sense at all - they could have gotten in to the shooter’s phone (assuming he set up fingerprint security).

[Lurkina.n.Learnin]

If Fedgov forces a backdoor are the willing to indemnify all users that get hacked through said backdoor?