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re: Cell phone in Gruver hazing case unlocked by FBI

Posted on 4/6/19 at 6:59 am to
Posted by mdomingue
Lafayette, LA
Member since Nov 2010
42401 posts
Posted on 4/6/19 at 6:59 am to
quote:

Well this sucks. Looks like FBI has hacked the new Apple security.




Have they? I may have missed it but the article says they unlocked it after several failed attempts. I wonder if someone contacted them with the actual password? Just speculation on my part.

As to privacy rights, I think the issue is more about self incrimination and the right to avoid that in a legal proceeding. Effectively, in my opinion, any communication that is not protected communication (as in between spouses) is probably fair game. So a text would be the same as a letter and a schedule, list or not the same as an appointment book or planner relative to admissibility. Maybe one of the OT lawyers can tell us how those work in terms of evidence admissibility?
Posted by Ash Williams
South of i-10
Member since May 2009
18546 posts
Posted on 4/6/19 at 7:04 am to
The only issue regarding self-incrimination at play here was the court ordering the Naquin kid to turn his password over to authorities.

Courts across the country are split on the issue of if this is self-incriminating are not.

But that became moot when the FBI unlocked it

Any communications found that aren’t privileged may end up being used if they’re relevant to the case
Posted by mdomingue
Lafayette, LA
Member since Nov 2010
42401 posts
Posted on 4/6/19 at 7:19 am to
quote:

The only issue regarding self-incrimination at play here was the court ordering the Naquin kid to turn his password over to authorities.


That makes sense to me if I understand what you're saying correctly. Is it effectively the phone itself and any contents on it that are not privileged communications are fair game but not compelling you to give them the password? Assuming there is a warrant, of course.

Curious if you know how this applies to letters or phone answering machines? I would think that would have settled case law by now so extending that to virtual communication should be fairly straightforward, I would think.

I appreciate your feedback, I find this stuff fascinating.
Posted by RGJ18
Collierville, TN
Member since Feb 2010
9217 posts
Posted on 4/6/19 at 7:23 am to
quote:

Everyone needs to know that no matter what Apple or Samsung or anyone says, the Government can get into your phone,”

Yeah as long as you don’t kill someone you should be good.
Posted by BomBayTiger
Member since Feb 2009
4209 posts
Posted on 4/6/19 at 8:05 am to
What do they think is on this fricking phone?

I mean we have been hearing about it for months.
Posted by Sidicous
NELA
Member since Aug 2015
19296 posts
Posted on 4/6/19 at 8:12 am to
quote:

What do they think is on this fricking phone?

I mean we have been hearing about it for months.
Hillarys' 33k lost emails and Trumps W2 from Putin Election Enterprises, Inc. of course.
Posted by castorinho
13623 posts
Member since Nov 2010
86482 posts
Posted on 4/6/19 at 8:13 am to
quote:

What do they think is on this fricking phone?

I mean we have been hearing about it for months.
Well, while I'm sure the guy values his privacy (as he should), I figured he'd have given it to them by now if it didn't have anything he thought might incriminate him.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465685 posts
Posted on 4/6/19 at 8:17 am to
quote:

What do they think is on this fricking phone?


text messages discussing the night, the hazing (likely planning), and what they did after. likely evidence tampering will also be found. there may be inflammatory evidence like pictures (imagine at trial the prosecution showing pictures or videos they took before the kid died, especially if it's in a hazing/mocking theme)
Posted by TheSnuggler
McSwiggin Village
Member since Sep 2012
244 posts
Posted on 4/6/19 at 8:22 am to
They finally guessed his passcode
Posted by Oilfieldbiology
Member since Nov 2016
41309 posts
Posted on 4/6/19 at 8:25 am to
Interesting question. What happens with the new iPhones if a suspect didn’t disable facial recognition pass codes. Could the authorities just hold it up to your face and unlock it?
Posted by LSU fan 246
Member since Oct 2005
90567 posts
Posted on 4/6/19 at 8:28 am to
Probably or use your thumbprint to get it open

Think of the shite people are just willingly giving away like it's nothing nowadays. Fingerprints and a digital makeup of your face. Lol
Posted by Oilfieldbiology
Member since Nov 2016
41309 posts
Posted on 4/6/19 at 8:33 am to
The new iPhone doesn’t use thumb print but yeah same premise.
Posted by UAinSOUTHAL
Mobile,AL
Member since Dec 2012
5212 posts
Posted on 4/6/19 at 8:34 am to
Something doesn’t add up here.

In Nov 2017 when this phone was confiscated the publicly available IOS version was 11.1.2. This version of iOS have been jailbreakable and hackable for well over year now. The FBI was either incompetent or lying.
Posted by RealityTiger
Geismar, LA
Member since Jan 2010
20543 posts
Posted on 4/6/19 at 8:41 am to
quote:

The FBI was either incompetent or lying.


Or too busy investigating basketball coaches. Because you know, basketball coaches making sure that recruits are taken care of to get them to your school is a big deal in the grand scheme of things.
Posted by Big Jim Slade
Member since Oct 2016
6250 posts
Posted on 4/6/19 at 8:42 am to
What about the privacy of the others the guy communicated with? I’m sure those Feds will get to see some sorority girl nudes.
Posted by pwejr88
Red Stick
Member since Apr 2007
37577 posts
Posted on 4/6/19 at 8:47 am to
Good for the FBI.

Phones hold answers to everything nowdays.
If there’s proof of a crime or even probable cause, no doubt the phone should be able to be unlocked.
Posted by tLSU
Member since Oct 2007
8679 posts
Posted on 4/6/19 at 8:49 am to
You don't understand how phones are dumped. Whether software can be jailbroken has no effect on the ability to unlock it within the first 15 tries before it wipes.
Posted by Box Geauxrilla
Member since Jun 2013
19206 posts
Posted on 4/6/19 at 8:56 am to
quote:

Have they? I may have missed it but the article says they unlocked it after several failed attempts. I wonder if someone contacted them with the actual password? Just speculation on my part.


According to the article:

"They have provided us with the raw data from the phone and a program to read the data," Moore said.


Raw data and separate software would not be necessary if they had the passcode.
Posted by DeafJam73
Baton Rouge
Member since Sep 2010
19122 posts
Posted on 4/6/19 at 9:00 am to
As long as they had a proper warrant, I fail to see the issue.
Posted by Emteein
Baton Rouge
Member since Jun 2011
3992 posts
Posted on 4/6/19 at 9:00 am to
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