Probable cause? The phone's user shot 22 people. The phone itself belongs to the county, so legally, they don't even need a warrant, but if there isn't cause to issue a warrant in this case, there's never been such cause in any case.
What i am trying to figure out is if the FBI is saying that there is evidence on the phone of future attacks, or information about co-conspirators, or some other material that would lead to additional action. From what I have read, there is no indication that is the case.
What is it the FBI is gaining by unlocking the phone? Other than a legal precedent.
However, I don't know enough about the law to know if probable cause means to take action regardless of the outcome of that action. That seems to be slippery slope toward justified constant mass surveillance.
From what I've read, the FBI hasn't made such a claim. Only that it needs to be accessed because Farook committed a crime. The determination of his guilt does not rest on some data stored in the phone.
Going back to my original question, what does the FBI gain in the matter of this case by accessing one device in a way that compromises all existing and future devices? And is the, what I interpret to be a, massive imbalance between cost and gain of the action so great that it represents a threat to the 4th amendment.
The disclaimer that I'm not a lawyer was not intended to be cheeky, but an honest show of ignorance of how these kinds of questions are treated in the judiciary.
It's probable cause for the warrant against (??) Apple that I haven't wrapped my head around. Since apple has no known or suspected connection with the crime itself.
Who wants to start a key escrow company :)