police
Can police access data from a fitbit without a warrant
<p><strong>Question:</strong> Can local law enforcement officers demand and then access data/information from a fitbit device without a warrant?</p>

<p>The hypothetical here is that while being held and possibly prior to any arrest they can demand I take the fitbit device off and then proceed to access data/information from it. Similiarly they can access the device if it is not on me. For example laying in the passenger seat. </p>

<p>I am assuming United States jurisdiction.</p>

<p>Where is the data stored? Locally on the fitbit device, or in the cloud with the fitbit provider? </p>

<p>With regard to your rights: <a href="https://www.eff.org/issues/know-your-rights#37" rel="nofollow noreferrer">https://www.eff.org/issues/know-your-rights#37</a></p>

<p>Generally speaking if the data in question itself is in plain sight they don't need a warrant.  e.g. if your fitbit displays the number of steps you have taken today and its on your arm, that information is in public view. </p>

<p>For your second part, where the device is on the passenger seat, are we to assume you are with the vehicle? e.g. if the fitbit is in the car and you aren't there, they could ask your significant other, or room mate if they can look at the device and they can probably give consent for the item to be search.</p>
