Napolitano: Ferocity of FBI vs. Apple a 'head scratcher'
Insight from Fox News senior judicial analyst
The Justice Department said Friday it has withdrawn a request that sought a court order forcing Apple to assist in opening a locked iPhone 5s linked to a drug case in New York.
According to a court filing, the Justice Department no longer needs Apple’s assistance in unlocking the device because an individual provided investigators with the correct passcode Thursday. This ends months of litigation that has been unfolding in the Eastern District of New York tied to a locked iPhone 5s running iOS7 that belong to a convicted drug kingpin.
“As we have said previously, these cases have never been bout setting a court precedent, they are about law enforcement’s ability to need and access evidence on devices pursuant to lawful court orders and search warrants,” Justice Department spokeswoman Emily Pierce said in statement.
Authorities in October requested that a federal judge in Brooklyn compel Apple to assist federal authorities in unlocking the device.
Similar to the recently vacated litigation tied to the San Bernardino iPhone, the government cited the All Writs Act in its application. But contrary to the San Bernardino iPhone case, a federal judge denied the government’s application submitted to the court back in March.
Pierce said they aren’t revealing the identification of the individual who gave authorities the passcode, citing an ongoing investigation.
Fox News’ Matt Dean and the Associated Press contributed to this report.
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