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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

#251
post #62

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…

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…

It's also amazing the amount of people who have never dealt with cops who think it's a giant, unthinking, unfeeling blob, and make broad generalizations about how it behaves and what its flaws are.

I've dealt with lots of cops for minor stuff (trespassing, traffic infractions, crashed parties), and have only had a bad experience (turned out fine anyway) once. I have several relatives who have been in and out of the system, and from my point of view, they were probably treated more fairly than they deserved. I get that that is not everyone's experience, but it makes me skeptical that the problem is somehow grand and structural and not just "some people are assholes."

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

#252

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…

> Technically airport security can't make you unlock your phone in many countries as well but I've known two former colleagues who were "convinced" to do so in the airport's back room; the one where problematic passengers are held for 8-24h. Which is why I refuse to travel outside of the Schengen area. Even if I'd really like to visit the US one day once corona passes, there is absolutely no way I'll consent to essen…

> Even if I'd really like to visit the US one day once corona passes, there is absolutely no way I'll consent to essentially a digital striptease search with orifice controls.

Don't take your phone and laptop with you on the plane. Maybe take an older phone (check lte bands and what not) that has been wiped and don't sign into things until you clear customs.

If you need a laptop, options are ship it seperately or wipe before transit and do a recovery later.

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

#253
post #66

Earlier quoted context omitted.

You're absolutely right, and it's insane that people don't realize this. So many people that want police reform in the US think that somehow we can continue to let the police be mostly made up by people with a certain political persuasion and education level, and that we can simply control them with laws and incentives.

> political persuasion and education level Sorry, I'm not following. My understanding is that the job attracts bullies and I see bullies from all political persuasions and all education levels.

> I see bullies from all political persuasions

Absolutely not in equal amounts. The far right loves to infiltrate police forces while the far left is often very untrusting of the police.

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

#254
post #160

Earlier quoted context omitted.

Conservatives tend to think in terms of structure and order. That is why you will hear them babble on about things being "Unconstitutional!" all the time as if that has any meaning in the real world. Liberals tend to think they can manifest reality just by saying the right thing. This causes them to be very vigilant about the words we use to describe things and they also think things like putting up a gun free zone s…

>When a cop is beating a liberal to death with a stick, the liberal understands the cop is exercising his power and will get away with it. When a cop is beating a conservative to death with a stick the conservative will righteously complain about how that's illegal and I want this bad apple's badge number. So, conservatives are the starry-eyed idealists and the liberals are the hard-nosed realists? That's an intrigui…

I think their point was that they're both starry-eyed idealists but it manifests in different ways.

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

#255

Here's the thing: you can have all sorts of detached, academic discussions on a forum like HN or on a blogpost about what the best thing to do is, or the most pragmatic thing, or the worst thing when dealing with a police encounter. But if you ever find yourself in a situation where a police officer is pointing a gun at you, none of this discussion matters. I've had that happen to me (when an AirBNB owner failed to m…

> Should you encounter, at some point in your life, a situation where a police officer is pointing a gun at you, you will do whatever the fuck they are telling you to do. That's the grim reality.

I'm not sure if that's grim, though; don't most people want it to be exactly that way? We grant the police extraordinary power and some amount of immunity on purpose.

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

#256

"In Valdez, the defendant was charged with kidnapping his ex-girlfriend after arranging a meeting under false pretenses. " 'Valdez' is not going to be arbitrarily charged with kidnapping, he'll have the ex-girlfriend as a primary witness. If I were innocent and accused of kidnapping someone I'd check with my lawyer and then hand over my phone because it would exonerate me. I'm inclined with the ruling, but let's be p…

> If I were innocent and accused of kidnapping someone I'd check with my lawyer and then hand over my phone because it would exonerate me.

I think it's very unlikely that there would be any exculpatory evidence on the phone of someone wrongly accused of kidnapping. It's way more likely that there would be something innocent that can be used as an indication of guilt by the prosecution. I can't imagine any lawyer advising their client to voluntarily give the prosecution that kind of evidence, especially as the client almost certainly doesn't remember everything that's on their phone. Lawyers don't like asking witnesses questions they don't already know the answer to. This is like asking a million such questions with next to no probability of any favorable answer.

> I'm inclined with the ruling, but let's be pragmatic here for a moment and recognize whether or not we're seeking actual just outcomes.

It sounds like you are assuming that the defendant is guilty. Do you have anything beyond a flawed and (at least for now) overturned trial to support that assumption?

> I'd imagine they should make getting a court order for such a serious crime very quickly kind of a priority.

It should never be legal to force someone to give up passwords or otherwise aid in their own prosecution.

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

#257

Earlier quoted context omitted.

There is a vast difference between reaching the supreme court with your amicus briefs and "spreading awareness" in a blog post. They also aren't mutually exclusive. > But I really don't want to debate. I came to state anecdotal evidence + opinion. This is always funny to read. Write a strongly worded opinion, but refuse to engage with others. >but historically, I've lived long enough to not see those make any differe…

Funny -- only if you don't know what the words mean. Both are not strictly facts so any discussion around them is bound to derail into... exactly what's going on here.

My apologies, I forgot discussions can only happen involving strictly provable facts!

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

#259

Earlier quoted context omitted.

Agreed. That's why I believe it might be super handy if every or at least many phones had this in place so that you don't really stand out. At least every phone using an alternate OS. If all the mainstream operating systems had this I would expect an arms race between the OS devs and the forensics device devs. As a side note, this would not necessarily be only used for law enforcement authorities. It could be that an…

You might not stand out but it would still be contempt of court. Not turning over evidence with a constitutional defense is easier to defend in court than malicious fake-compliance.

wouldn't the judge need to have ordered the search for it to be contempt?

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

#260

Sortof off topic question. I've never owned a smart phone but might get one soon assuming I can find a decent one that will run grapheneOS. Is there an app that can be given permission to intercept the unlock code and upon receiving the panic/under duress code, discretely put the phone into a "parental controls" configuration that sandboxes all your data and only presents the storage you want the law enforcement chil…

IMO, just reset the phone to factory before you head to the airport, and leave it that way as long as you are in a jurisdiction that makes you think your phone is in danger of being searched. Restore from a backup when you get home.

If you do get searched, give them the phone and let them search it.

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