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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

#471

Post by novok »

kingcharles wrote: post #264

This happened to me. The police wanted my password and refused my right to silence, wouldn't let me call a lawyer. I wouldn't talk. Then they threatened my wife and I gave up my password to stop them from hurting her. The password was suppressed by the court, but they let the police use it anyway because one of the officers (with no formal computer qualifications) testified he could have broken 2048-bit AES encryptio…

Im guessing you were not allowed to produce your own expert witness then? Or couldn’t afford it?

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

#472

Post by jakelazaroff »

wahern wrote: post #385
dahart wrote: post #128

> this case turns on one of the most fundamental protections in our constitutional system: an accused person’s ability to exercise his Fifth Amendment rights without having his silence used against him. A very interesting tidbit I learned here on HN a couple years back — the Supreme Court ruled in 1992 that you have to declare out loud an intent to invoke your Fifth Amendment rights, if you haven’t been formally arre…

There's a certain irony in people thinking this was a bad decision. Let me explain: The right against self-incrimination originally arose because of a quirk in English law relative to continental European law, and middle-age French law in particular. See, in France judicial execution was only permissible if the accused confessed . You couldn't use evidence as justification to execute someone; the defendant had to con…

Wild that it never occurred to anyone that the problem might be the state-sanctioned murder, rather than the process used to justify it. A punitive justice culture truly does result in a poverty of imagination.

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

#473

Post by onychomys »

edgyquant wrote: post #439
kingcharles wrote: post #421

Earlier quoted context omitted.

No, I mean 8 years. Over 8 years. I'm still in custody now. There are others in the jail for almost 12 years.. here are the stats: https://www.cookcountysheriff.org/wp-content/uploads/2021/09...

I wouldn’t post that, if I’m correct you’ve just doxed yourself since your nickname corresponds with the name of a gentleman who has been there for over 8 years awaiting a murder trial.

That guy was 19 in 2013, and elsewhere our allegedly felonious friend here mentions being a web developer in the 90s, so it's not the same person.

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

#474

Post by [deleted] »

hanniabu wrote: post #379
colechristensen wrote: post #57

Earlier quoted context omitted.

The correct thing to do if you want your phone not to be searched is to shut it off. The tools used to search phones generally work with unpatched vulnerabilities and you don’t want to do anything that looks like tampering with evidence. When off the encryption of the device will be most effective and resilient to attack because nothing will be unencrypted until you enter your passcode at boot.

Couldn't turning your phone off be seen as tampering with evidence?

[deleted]

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

#475

Post by giantg2 »

SavantIdiot wrote: post #456
giantg2 wrote: post #411

Earlier quoted context omitted.

It's not about standing up for BLM. It's that there can be corrupt liberal cops, or cops supporting liberal ideals in a corrupt manner. One issue that this can be common with is gun rights - people lawfully carrying/owning a firearm who are harassed by police who support the liberal policies related to gun control. This has been a common thing in Philadelphia.

Stop it with the "both sides." Just stop. We're done with that after Trump's nonsense. There is a stark problem facing the US today, and you're trying to obfuscate it with bullshit talking points.

I'm trying to have a factually correct and thoughtful conversation. My talking points are not bullshit. They are not obfuscating "it". In fact, it's an important part of the conversation - showing that "both sides" should come together to support reforms that are universally protective. The root cause is not one side or the other. The root cause is insufficient oversight and a broken system.

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

#476

Post by ddingus »

Ansil849 wrote: post #233

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…

Right on the money. Have been there, done that.

I will add even when they do not have guns drawn, the interaction can go from discussion to whole hog, hands on big and quick!

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

#477

Post by FDSGSG »

jollybean wrote: post #355
WkmYq wrote: post #256

Earlier quoted context omitted.

> 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 advi…

"A jury convicted Alfonso Margo Valdez of kidnapping, robbery, and aggravated assault, after his ex-girlfriend (Ex-Girlfriend) testified that he forced her into his car with a gun, threatened her, hit her with the gun, cut her face with a knife, and stole her purse and phone." ... "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 m…

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

>Ideological rubbish.

The same ideological rubbish keeps many of us from advocating that people with ridiculous opinions like yours be shot on the street. I think that without this ideological rubbish we'd live in a rather more grim world.

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

#478

Post by xanaxagoras »

IceWreck wrote: post #417
dillondoyle wrote: post #416

Earlier quoted context omitted.

Wait, you are part to or accused in about 12 cases?!

Now I'm wondering what he does for a living. Maybe he's an activist or something/.

How do you make a living as an activist?

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

#479

Post by HeavyStorm »

kingcharles wrote: post #393
bleachedsleet wrote: post #376

Earlier quoted context omitted.

Also, if you do use biometrics and ever find yourself in a sticky situation most modern operating systems have built in features to quickly disable them on demand. iOS, for example, allows you to quickly disable Face/Touch ID by holding the side+any volume button for two seconds and then quickly tap the side button again when the shutdown slide appears.

Probably won't have time. I had a loaded gun pointed at my head and told not to touch my phone. Had every reason to believe they would have fired.

Nobody else is going to ask the parent what was that?

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

#480

Post by liaukovv »

SavantIdiot wrote: post #456
giantg2 wrote: post #411

Earlier quoted context omitted.

It's not about standing up for BLM. It's that there can be corrupt liberal cops, or cops supporting liberal ideals in a corrupt manner. One issue that this can be common with is gun rights - people lawfully carrying/owning a firearm who are harassed by police who support the liberal policies related to gun control. This has been a common thing in Philadelphia.

Stop it with the "both sides." Just stop. We're done with that after Trump's nonsense. There is a stark problem facing the US today, and you're trying to obfuscate it with bullshit talking points.

Second part of your nickname is certainly true
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