Apple recently unveiled its new product line, including the Apple Watch Series 4. One of the watch’s features is an auto-dial 911 call if the wearer has been unresponsive for a set amount of time. Though this is an opt-in feature, if users are over the age of 65, it is an opt-out.

The 4th Amendment protects people from the unlawful search and seizure of a premise, whether it is a home or a car or otherwise, without a warrant. A few exceptions have been made over the last 200 years, primarily in the field of exigent circumstances (police had to enter before the suspect consumed all of the drugs) or plain view (the police pull you over for a valid reason, and while speaking with you, notice the gun in your car).

Another Set of Helpful Eyes …

The new auto-911 feature can determine if you have had a bad fall. If so, the watch will try to give numerous urgent alerts: tapping the wearer on the wrist, sounding a very loud alarm, and displaying a visual alert. It will then ask the wearer to reply with “Emergency SOS” or “I’m ok.”

… But Are They Connected to the Long Arm of the Law?

There will be times when the community caretaker exception kicks in, and people are arrested based on evidence seen by police when responding to an auto-911 call. Perhaps the wearer is over 65 but enjoys a joint from time to time in a state where it is still illegal. Or what if the wearer forgot or erroneously opted-in, and the police are called.

Legal experts are calling on Apple to justify this new feature. To date, Apple has stayed quiet. but with the launch of this product on September 21st, soon these auto-911 calls, and subsequent arrests, will start playing out, in a court of law,  and in the court of public opinion. Time, or at least the timepiece, will tell if this was a good technological advance.

Related Resources:

  • Find a Criminal Defense Attorney Near You (FindLaw’s Lawyer Directory)
  • Smartphone Search and Seizure Law: Update on iPhone Security (FindLaw Blotter)
  • Suicide Attempt Opens Door for Police Search (FindLaw California Case Law)

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