# Death and Illegal Search and Seizure

**URL:** <https://boards.straightdope.com/t/death-and-illegal-search-and-seizure/747137>\
**Category:** Great Debates\
**Created:** [February 25, 2016, 9:06pm UTC](https://boards.straightdope.com/t/death-and-illegal-search-and-seizure/747137 "2016-02-25T21:06:11Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![tullsterx](https://avatars.discourse-cdn.com/v4/letter/t/e9bcb4/32.png) [@tullsterx](https://boards.straightdope.com/u/tullsterx)\
**Post date:** [February 25, 2016, 9:06pm UTC](https://boards.straightdope.com/t/death-and-illegal-search-and-seizure/747137/1 "2016-02-25T21:06:11Z")

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If you’re dead, are you still protected from illegal search and seizure (ISS)?

Many seem to be making reference to ISS regarding the FBR iPhone and Apple case.

I understand there are other issues regarding this. . .but is ISS really a part of the case seeing as how the accused parties are dead.

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**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\
**Post date:** [February 25, 2016, 9:13pm UTC](https://boards.straightdope.com/t/death-and-illegal-search-and-seizure/747137/2 "2016-02-25T21:13:28Z")

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The FBI has a court order authorizing their search of the phone, IIRC. But it’s an interesting question - if the cops illegally search a dead man’s possessions, whose rights have been violated?

Regards,  
Shodan

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**Author:** ![UDS](https://avatars.discourse-cdn.com/v4/letter/u/ecae2f/32.png) [@UDS](https://boards.straightdope.com/u/UDS)\
**Post date:** [February 26, 2016, 12:47am UTC](https://boards.straightdope.com/t/death-and-illegal-search-and-seizure/747137/3 "2016-02-26T00:47:45Z")

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Dead people don’t own things. A dead person has no “possessions”. The property he used to own is now vested in his legal personal representatives. Any violation of rights is a violation of their rights and they, of course, are alive and well and can take legal action to vindicate their rights.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [February 26, 2016, 3:59am UTC](https://boards.straightdope.com/t/death-and-illegal-search-and-seizure/747137/4 "2016-02-26T03:59:37Z")

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Plus, he didn’t own the phone in question. It was his work phone, and I think his employer supports the government’s application to have Apple assist in searching it.