EFF has urged a California state court to suppress evidence gathered by law enforcement from a suspect's iPhone during a warrantless search including phone book contacts called phone numbers emails text messages Internet search history and photos.

In this litigation the Daly City California police seized a suspect's password-protected iPhone during his arrest and then bypassed the password and searched it at the police station hours later without a warrant. After the police realized that the information on the phone was too extensive to write down they finally sought a warrant to search the device.

EFF has asked a judge to suppress all evidence collected from the phone as a result of the warrantless search and to quash the warrant that was issued in part on the basis of the information illegally accessed on the phone.