Apple and Google are making things difficult for law enforcement, but:
“The weak link in the law enforcement scenario for Google and Apple is cloud storage. Companies can and will turn cloud data over to the police, and Google has even done it proactively. Smartphones today have cloud backup systems for just about everything, so while this will probably protect you from individuals trying to snoop in on a stolen or resold phone, there’s nothing to stop the police from getting a warrant for data on your phone or for data stored in the cloud connected to your account.”
via Apple, Google default cell-phone encryption “concerns” FBI director | Ars Technica.
I think I misunderstood the quoted paragraph. Apple says that it’s not possible for them to surrender such data in IOS 8