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Judge Rules Defendant in Gruver Trial Must Give Cellphone Password to Prosecutors

Posted on 1/28/19 at 10:19 am
Posted by TigersSEC2010
Warren, Michigan
Member since Jan 2010
38534 posts
Posted on 1/28/19 at 10:19 am
LINK

quote:

BATON ROUGE - A judge has ruled that one former fraternity members charged in the hazing death of Max Gruver must allow prosecutors to access his cellphone.

A judge ruled Monday morning that Matthew Naquin must give up the pass code, allowing the state access to his phone.

Naquin is the only person charged with negligent homicide in the death of the late LSU student. Last fall, Gruver drank himself to death as part of a fraternity's hazing ritual.

Testimonies and evidence lead officials to believe that Naquin was the ringleader of the group and targeted Gruver to make him drink more than others.


Yikes. This one may make it to the Supreme Court.
Posted by TigahJay
New Orleans
Member since Sep 2015
11403 posts
Posted on 1/28/19 at 10:20 am to
Shouldve pulled a Tom Brady and destroyed the phone before they took it
Posted by colorchangintiger
Dan Carlin
Member since Nov 2005
30979 posts
Posted on 1/28/19 at 10:20 am to
Posted by Cump11b
Member since Sep 2018
2026 posts
Posted on 1/28/19 at 10:20 am to
This is going to be interesting. I definitely see/understand the argument for both.
Posted by Displaced
Member since Dec 2011
33054 posts
Posted on 1/28/19 at 10:21 am to
What's worse? Being found guilty or being held in contempt forever?
Posted by 225Tyga
Member since Oct 2013
19953 posts
Posted on 1/28/19 at 10:21 am to
So what if he just keeps saying no?
Posted by Walt OReilly
Poplarville, MS
Member since Oct 2005
124694 posts
Posted on 1/28/19 at 10:22 am to
I still wouldn’t do it if I were him
Posted by hashtag
Comfy, AF
Member since Aug 2005
33906 posts
Posted on 1/28/19 at 10:22 am to
quote:

So what if he just keeps saying no?

held in contempt of court pending an appeal by his lawyer(s)?
Posted by Jim Rockford
Member since May 2011
106013 posts
Posted on 1/28/19 at 10:23 am to
"Your honor, I don't remember."
Posted by MrLarson
Member since Oct 2014
34984 posts
Posted on 1/28/19 at 10:24 am to
quote:

Must Give Cellphone Password to Prosecutors


That'd be a big fat NO


I'd give them 10 guesses
Posted by Clark W Griswold
THE USA
Member since Sep 2012
10947 posts
Posted on 1/28/19 at 10:24 am to
Yeah I’m giving them a password. Whether it works or not is not my fault. It’s been a long time.
Posted by Sidicous
NELA
Member since Aug 2015
19296 posts
Posted on 1/28/19 at 10:25 am to
Yeah I bet the fact he hasn't had access to the phone for a year now conveniently means from lack of use, password forgotten. Sorry judge.
Posted by Displaced
Member since Dec 2011
33054 posts
Posted on 1/28/19 at 10:26 am to
I assume the fifth amendment doesn't apply since they have a warrant?

But that would totally be self incrimination, right?
Posted by BRgetthenet
Member since Oct 2011
118270 posts
Posted on 1/28/19 at 10:27 am to
They’re gonna see all the his porn history.


He’s finished.
Posted by Centinel
Idaho
Member since Sep 2016
46661 posts
Posted on 1/28/19 at 10:29 am to
quote:

Yeah I’m giving them a password. Whether it works or not is not my fault. It’s been a long time.



This is the correct answer.

Posted by Loaner1231
Violet, LA
Member since Jan 2016
3903 posts
Posted on 1/28/19 at 10:29 am to
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 1/28/19 at 10:31 am to
Do not like.
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57015 posts
Posted on 1/28/19 at 10:31 am to
quote:


Yikes. This one may make it to the Supreme Court.



probably not since there have been several rulings like this


Posted by Stevo
Baton Rouge
Member since Sep 2004
12580 posts
Posted on 1/28/19 at 10:31 am to
quote:

I assume the fifth amendment doesn't apply since they have a warrant?


4th Amendment will govern this,and the fact that a warrant was issued does not prohibit a challenge to the constitutionality of the warrant.

5th Amendment also triggered to extent this is self incriminating. I thought that the Courts have drawn a distinction between forcing fingerprint pass codes vs. requiring numerical pass code?
This post was edited on 1/28/19 at 3:04 pm
Posted by fr33manator
Baton Rouge
Member since Oct 2010
135024 posts
Posted on 1/28/19 at 10:31 am to
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