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Started By
Message
1
Posted on 10/31/14 at 9:34 pm to Tigah in the ATL
quote:
looks like smoke without fire
As a current LEO looking to get into criminal defense work, I respectfully disagree.
Posted on 10/31/14 at 10:52 pm to Five0
quote:Since the key to the information doesn't require the defendant to volunteer the information, it should be OK. It would be the same if an imprint of a key to a storage locker was tattooed on the defendant... or perhaps just the combination numbers.
Thoughts?
It is fine under the 4th and the 5th does not apply.
This post was edited on 10/31/14 at 10:54 pm
Posted on 10/31/14 at 11:33 pm to mmcgrath
quote:
Since the key to the information doesn't require the defendant to volunteer the information
quote:
the 5th does not apply
Does not compute.
Posted on 11/1/14 at 7:41 am to Five0
quote:
I think that the SCOTUS will say that to show an expectation of privacy a user will need to password/passkey protect devices.
I don't know - as they are equivalents. It is not an invasive act, so there's that (as opposed to drawing blood, hair samples, etc.). And if they have a warrant for the information, I can see that.
In other words, if the police can legally use technical means to overcome the encryption, then I see the argument. But it does seem to approach/cross the line, at least on a superficial level.
Posted on 11/1/14 at 7:42 am to Five0
fricking ridiculous decision and what a fricking stretch in reasoning...
Like other have said, if pulled over, restart your phone because it requires a passcode in order to restart or use the wrong finger multiple times, so that it requires a passcode for an unlock.
So using the courts logic, if you have a biometric safe/door/gate at your home... The cops can force you to grant them access to those things too?
Like other have said, if pulled over, restart your phone because it requires a passcode in order to restart or use the wrong finger multiple times, so that it requires a passcode for an unlock.
So using the courts logic, if you have a biometric safe/door/gate at your home... The cops can force you to grant them access to those things too?
Posted on 11/1/14 at 7:54 am to Lsut81
quote:
So using the courts logic, if you have a biometric safe/door/gate at your home... The cops can force you to grant them access to those things too?
That's the question, though. If they have a valid warrant - I mean they can compel you by force to come with them on an arrest warrant. They can draw blood with a warrant. They can get your bank records, education records, health records (in some cases) with a warrant. They can break into your home with a warrant.
I agree with you on a search incident to arrest, but I'm having a tough time on the warrant for the information accessed by the device.
Problem is - for some folks - everything is on that phone. It will be impossible to narrowly define a warrant to protect other information. And once they get it - they will argue the inadvertent or inevitable discovery rule and use it against you.
I guess appmakers will have to come up with a new system - you swipe the wrong finger or enter the wrong passcode, it does a wipe of the phone.
That should do it.
This post was edited on 11/1/14 at 7:57 am
Posted on 11/1/14 at 9:11 am to Ace Midnight
quote:
I guess appmakers will have to come up with a new system - you swipe the wrong finger or enter the wrong passcode, it does a wipe of the phone.
I saw people on the MAC forums suggesting that apple do that... Make an option that if you use the wrong finger multiple times, the phone goes into refresh and brings the phone back to factory settings out of the box.
Posted on 11/1/14 at 9:16 am to Lsut81
All I want to now is if I'm okay with a 3g flip phone with no texting capabilities? 
Posted on 11/1/14 at 9:30 am to Homesick Tiger
quote:
All I want to now is if I'm okay with a 3g flip phone with no texting capabilities?
Don't try to church is up... I've got a pic from our last family get together
Posted on 11/1/14 at 10:11 am to Lsut81
Just trying to save money for my heir.
Posted on 11/1/14 at 10:17 am to Five0
quote:What don't you understand? The 5th protects you from volunteering information that may incriminate you. Since your fingerprints wouldn't require a conscious effort to volunteer anything then the 5th doesn't protect you.
Does not compute.
Posted on 11/1/14 at 10:20 am to Ace Midnight
quote:I am sure this exists now. Of course laws concerning the destruction of evidence and even setting up the phone to destroy evidence exist as well.
I guess appmakers will have to come up with a new system - you swipe the wrong finger or enter the wrong passcode, it does a wipe of the phone.
Posted on 11/1/14 at 10:29 am to mmcgrath
quote:
Of course laws concerning the destruction of evidence and even setting up the phone to destroy evidence exist as well.
How could they prove what was on the phone prior? It would be reset to factory settings
Posted on 11/1/14 at 10:39 am to Lsut81
quote:Evidence doesn't have to be incriminating. Obviously whatever is on the phone would be evidence, so wiping it would be the destruction of evidence.
How could they prove what was on the phone prior? It would be reset to factory settings
Posted on 11/1/14 at 10:45 am to mmcgrath
quote:
Obviously whatever is on the phone would be evidence, so wiping it would be the destruction of evidence.
But again, there is NO way to prove there was any evidence on there... "I just reset my phone to factory settings before I left the house due to an issue with IOS 8.1..."
Posted on 11/1/14 at 10:54 am to Lsut81
quote:If you do it before you are arrested or shown a warrant then you would be fine. I was under the impression we were talking about being asked by police to unlock the phone and then entering a certain swipe pattern that would wipe it clean. You wouldn't need a special app to do it if you have the phone and the police aren't involved yet.
But again, there is NO way to prove there was any evidence on there... "I just reset my phone to factory settings before I left the house due to an issue with IOS 8.1..."
Posted on 11/1/14 at 11:34 am to mmcgrath
Misread it late last night.
Posted on 11/1/14 at 11:59 am to Five0
quote:
Misread it late last night.
no prob
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