2aHawaii

General Topics => Political Discussion => Topic started by: Flapp_Jackson on December 30, 2023, 10:58:27 AM

Title: Supreme Court Says You Do NOT Have to Give Cops Your Cellphone Code
Post by: Flapp_Jackson on December 30, 2023, 10:58:27 AM
State Sup. Crt. Rules You Do Not Have to
Give Your Passcode to the Police


https://youtu.be/lLGoav3WyZU
Title: Re: Supreme Court Says You Do NOT Have to Give Cops Your Cellphone Code
Post by: groveler on December 30, 2023, 01:34:38 PM
State Sup. Crt. Rules You Do Not Have to
Give Your Passcode to the Police


https://youtu.be/lLGoav3WyZU
No ethical person will ask for your Password or passcode.
 :geekdanc:

Title: Re: Supreme Court Says You Do NOT Have to Give Cops Your Cellphone Code
Post by: changemyoil66 on December 30, 2023, 03:44:29 PM
But face ID....

Sent from my SM-G991U using Tapatalk

Title: Re: Supreme Court Says You Do NOT Have to Give Cops Your Cellphone Code
Post by: Flapp_Jackson on December 30, 2023, 05:31:12 PM
But face ID....

The only biometric lock i use is my fingerprint.  If they want to compel me to use it on the phone's lock screen, they need a warrant --  unlike facial recognition that can be unlocked without touching you.
Title: Re: Supreme Court Says You Do NOT Have to Give Cops Your Cellphone Code
Post by: changemyoil66 on December 30, 2023, 07:08:52 PM
The only biometric lock i use is my fingerprint.  If they want to compel me to use it on the phone's lock screen, they need a warrant --  unlike facial recognition that can be unlocked without touching you.
Cops says

"Idk, the guy tripped and knocked himself out. His phone was already unlocked".

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Title: Re: Supreme Court Says You Do NOT Have to Give Cops Your Cellphone Code
Post by: Flapp_Jackson on December 30, 2023, 07:17:37 PM
Cops says

"Idk, the guy tripped and knocked himself out. His phone was already unlocked".

if the phone was unlocked already, there would have been no need to ask me to unlock it, and for me to ask for a warrant.

This is why you never talk to the cops without your lawyer present.  Corroboration of your story that the phone was not unlocked.
Title: Re: Supreme Court Says You Do NOT Have to Give Cops Your Cellphone Code
Post by: zippz on December 30, 2023, 07:51:37 PM
The only biometric lock i use is my fingerprint.  If they want to compel me to use it on the phone's lock screen, they need a warrant --  unlike facial recognition that can be unlocked without touching you.

Or alter your fingerprint.  keep rubbing your finger on the wall until it wears out.
Title: Re: Supreme Court Says You Do NOT Have to Give Cops Your Cellphone Code
Post by: changemyoil66 on December 30, 2023, 08:05:47 PM
if the phone was unlocked already, there would have been no need to ask me to unlock it, and for me to ask for a warrant.

This is why you never talk to the cops without your lawyer present.  Corroboration of your story that the phone was not unlocked.
I was impying the cop used ur fingerprint without u knowing.

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Title: Re: Supreme Court Says You Do NOT Have to Give Cops Your Cellphone Code
Post by: Flapp_Jackson on December 30, 2023, 08:10:23 PM
I was impying the cop used ur fingerprint without u knowing.

I got it the first time.

i'm Swoosh-proof.  Sarcasm is my first language!   :popcorn:
Title: Re: Supreme Court Says You Do NOT Have to Give Cops Your Cellphone Code
Post by: changemyoil66 on December 31, 2023, 12:02:43 AM
I got it the first time.

i'm Swoosh-proof.  Sarcasm is my first language!   :popcorn:
Damn sarcasm-woosh on me.

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Title: Re: Supreme Court Says You Do NOT Have to Give Cops Your Cellphone Code
Post by: eyeeatingfish on January 11, 2024, 01:08:17 AM
No ethical person will ask for your Password or passcode.
 :geekdanc:

Not always the case but I still wouldn't provide it as a general rule.
Title: Re: Supreme Court Says You Do NOT Have to Give Cops Your Cellphone Code
Post by: eyeeatingfish on January 11, 2024, 01:26:33 AM
Surprised it had to make it that far, seems like an obvious decision.
Title: Re: Supreme Court Says You Do NOT Have to Give Cops Your Cellphone Code
Post by: changemyoil66 on January 11, 2024, 09:12:30 AM
Surprised it had to make it that far, seems like an obvious decision.

Some things are not obvious to some people.
Title: Re: Supreme Court Says You Do NOT Have to Give Cops Your Cellphone Code
Post by: Flapp_Jackson on January 11, 2024, 09:41:03 AM
Some things are not obvious to some people.

The issue is not whether the "decision" to surrender the code is "obvious" or not.

The issue is whether or not the state can compel you to -- or be subject to contempt of court or obstruction charges.

The underlying issue is whether or not it's required that a suspect assist the police in their investigation.  Constitutionally, the right against self incrimination is normally straight forward.  In the case of having the only information needed to unlock a device, it's not as straight forward.  Hence the need for a SCOTUS interpretation.

When the Constitution was created, and again when the 5th Amendment was added, the only way of having information to assist police in finding evidence was if you knew where it was physically hidden -- e.g. the murder weapon was thrown over a bridge or hidden in a barn.

Today it's much more complicated.  The things contained on a phone could implicate you in other crimes -- e.g. We didn't find the emails we wanted, but there are photos placing him at the scene of another murder.  There may also be evidence on the device which, if access to it is given to the police, creates a question of chain of custody.  E.g.  If the police used excessive force and it was caught on video on the suspect's phone, why would the Cops not erase it?  Better yet, if the phone shows a text message that proves the suspect's story was true, a Cop could delete that text as it might prove to be exculpatory.

Bad Cops in the past have planted evidence and ignored exculpatory witness accounts or alibis when the suspect is a known criminal who the Cop just wants to get off the streets.  If he didn't do that crime, he's gotten away with things at least as bad is their rationale.  Never mind they are leaving the real perp on the street.

So, while most Cops are honest, presenting any of them with the opportunity to delete something they don't like is too great a temptation to risk one's freedom on.
Title: Re: Supreme Court Says You Do NOT Have to Give Cops Your Cellphone Code
Post by: macsak on January 11, 2024, 10:10:38 AM
it depends if you are looking at it subjectively or objectively

Surprised it had to make it that far, seems like an obvious decision.
Title: Re: Supreme Court Says You Do NOT Have to Give Cops Your Cellphone Code
Post by: Flapp_Jackson on January 11, 2024, 10:16:05 AM
it depends if you are looking at it subjectively or objectively

Also depends on whether you want an actual decision, or are okay applying the law inconsistently -- case by case --based on nuance.
Title: Re: Supreme Court Says You Do NOT Have to Give Cops Your Cellphone Code
Post by: eyeeatingfish on January 14, 2024, 02:45:03 AM

The issue is whether or not the state can compel you to -- or be subject to contempt of court or obstruction charges.

Yes, that is what I was referring to.


Quote
The underlying issue is whether or not it's required that a suspect assist the police in their investigation.  Constitutionally, the right against self incrimination is normally straight forward.  In the case of having the only information needed to unlock a device, it's not as straight forward.  Hence the need for a SCOTUS interpretation.

When the Constitution was created, and again when the 5th Amendment was added, the only way of having information to assist police in finding evidence was if you knew where it was physically hidden -- e.g. the murder weapon was thrown over a bridge or hidden in a barn.

Today it's much more complicated.  The things contained on a phone could implicate you in other crimes -- e.g. We didn't find the emails we wanted, but there are photos placing him at the scene of another murder.  There may also be evidence on the device which, if access to it is given to the police, creates a question of chain of custody.  E.g.  If the police used excessive force and it was caught on video on the suspect's phone, why would the Cops not erase it?  Better yet, if the phone shows a text message that proves the suspect's story was true, a Cop could delete that text as it might prove to be exculpatory.

Bad Cops in the past have planted evidence and ignored exculpatory witness accounts or alibis when the suspect is a known criminal who the Cop just wants to get off the streets.  If he didn't do that crime, he's gotten away with things at least as bad is their rationale.  Never mind they are leaving the real perp on the street.

So, while most Cops are honest, presenting any of them with the opportunity to delete something they don't like is too great a temptation to risk one's freedom on.

I think your analysis is spot on.