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Police can’t demand you reveal your phone passcode then tell a jury you refused

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Re: Police can’t demand you reveal your phone passcode then tell a jury you refused

#161

Earlier quoted context omitted.

Rikers is a jail, not a prison. Jails are meant to hold people who have not yet completed their trial. Once you're convicted you get sent to prison.

Exactly the point. The police can waste your time. Those people can’t go to work and will likely lose their job because they are being jammed up by police.

This and OPs question are not related.

Re: Police can’t demand you reveal your phone passcode then tell a jury you refused

#162

Formally the police can't demand a lot of stuff. Informally, they'll put you in a room and tell you that they have the legal right to keep you anywhere from 24 to 72 hours in there and they definitely can make you reconsider during that period -- to put it very mildly. Hint: some cops are really good in the skill of inflicting pain to people without lasting medical trace to prove it afterwards. Until there's true acc…

This is why the first thing you should always do is invoke your right to a lawyer. Be polite but don't say anything without a lawyer present.

Re: Police can’t demand you reveal your phone passcode then tell a jury you refused

#163

I'm a long-time EFF supporter, but I am always concerned when they (or any other organization that defends civil rights) chooses to intervene in a loser of a case like this. The defendant will likely be convicted of kidnapping, and hopefully the Supreme Court will not use some form of twisted logic to rationalize what the cops did. The correct ruling here is to force a mistrial and forbid any testimony about refusing…

[flagged]

Re: Police can’t demand you reveal your phone passcode then tell a jury you refused

#164
post #101

Earlier quoted context omitted.

In the US that would be a (search?) warrant which also comes from the judge during a police investigation and authorizes the police to get your phone's passcode under threat of prison time. This particular case is different because the police did not get a warrant and instead just asked the guy to disclose (without a warrant), which he refused to do, then they tried to use that against the guy in court, which is a vi…

No, a search warrant does not mean you need to hand over passwords.

How does this work with physical things, like a safe locked with a passcode, or a closet locked with a key?

Re: Police can’t demand you reveal your phone passcode then tell a jury you refused

#165

Formally the police can't demand a lot of stuff. Informally, they'll put you in a room and tell you that they have the legal right to keep you anywhere from 24 to 72 hours in there and they definitely can make you reconsider during that period -- to put it very mildly. Hint: some cops are really good in the skill of inflicting pain to people without lasting medical trace to prove it afterwards. Until there's true acc…

The fact is also the police in the USA are one of the least bullyish. The right to refuse to speak without a lawyer present isn't part of most of the first world's police code. It's one of the areas where the USA is absolutely the best at respecting people's rights and freedoms and I wish you all the luck in the world in pushing for even better Police Reform, since holding you guys as a symbol of how to do things right is extremely helpful in pushing for reform in other parts of the world.

Re: Police can’t demand you reveal your phone passcode then tell a jury you refused

#166

Earlier quoted context omitted.

That amounts to taking a dump in the middle of the conversation and walking away. If you aren’t here to participate in the discussion why say anything at all?

I said it, the other guy says he doesn't believe me. What discussion? That's the discussion stopper, not what I said. I can't prove anything except say it. And it's your choice whether to believe it. What's unclear?

What's unclear is you are making pretty wild accusations and saying trust me because I said so. That's as good as any other unfounded claim made on the internet and it doesn't contribute value to the conversation.

Re: Police can’t demand you reveal your phone passcode then tell a jury you refused

#167

Earlier quoted context omitted.

That's not the meaning of the analogy. A Constitutional right or law prevents the state from harming you in exactly the same way a gun free zone sign stops a school shooter from murdering you.

It probably would have been more clear if that was stated this way. The analogy could have multiple levels of meaning.

I think some people are reading it as some kind of cheap political shot, since it got flagged. From the responses it seems they were trying to make a more nuanced point, so I've vouched it.

In general, it's not a good idea to try and make a nuanced political point with something short and pithy. People invariably project the worst interpretation onto it. You need to spell out what you mean.

Re: Police can’t demand you reveal your phone passcode then tell a jury you refused

#168

Formally the police can't demand a lot of stuff. Informally, they'll put you in a room and tell you that they have the legal right to keep you anywhere from 24 to 72 hours in there and they definitely can make you reconsider during that period -- to put it very mildly. Hint: some cops are really good in the skill of inflicting pain to people without lasting medical trace to prove it afterwards. Until there's true acc…

>Hint: some cops are really good in the skill of inflicting pain to people without lasting medical trace to prove it afterwards. Sorry, I don't buy that this happens with any kind of frequency in the 21st century United States, such that a person could reasonably expect this to happen to them. Do you have more than ambiguous innuendo to back up this claim?

Anyone whose even been handcuffed knows this is a fact. They make no effort to hide the fact that they are intentionally causing you pain because they can.

Re: Police can’t demand you reveal your phone passcode then tell a jury you refused

#169
Classic EFF, having gone completely downhill and capitulated after Snowden, writes another idiotic article about police "noooo ... can't do that!" in spite of overwhelming evidence they can and do. But it's cool because EFF wrote an article saying they can't! They're the good guys!

Re: Police can’t demand you reveal your phone passcode then tell a jury you refused

#170
post #62

Earlier quoted context omitted.

It's crazy to me the amount that people who have never dealt with the cops think "I'll just show them x legal code so they can see they don't have the right to do that." Turns out, they don't care. For minor infractions, they'll use whatever intimidation and coercion they want, then make you feel lucky for letting you out because they didn't feel like prosecuting. In most circumstances, the word of the person with th…

Though that's not really the point of those things in the legal code; the point is not for you to stop a cop from doing it at the point of abuse, but for you to have a legal arm to sue the fuck out of them afterwards, or to get a pass out of jail because the cops violated procedure. Yeah, it sucks for you, but it's supposed to be a deterrent to prevent cops from abusing their power in the future. Now, that obviously…

The problem with expecting accountability is that system will fail you at the next step: the courts. You have to survive that process too, where the judge and prosecutor will believe the cop nine times out of ten. As a sitting federal judge once said, “truth and justice have no relevance; it is a court of law.” The law will take the side of the system.
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