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

Posted on 1/28/19 at 11:19 am to
Posted by TOSOV
Member since Jan 2016
8922 posts
Posted on 1/28/19 at 11:19 am to
quote:

You mean like with a cloth or something?


Cause the files are in the computer...
Posted by Centinel
Idaho
Member since Sep 2016
46661 posts
Posted on 1/28/19 at 11:19 am to
quote:

Thought I read somewhere where they've tried, and only have a limited amount of tries left before it gets fried. True??



iPhone 6 and above it's true.

Posted by Tiger Prawn
Member since Dec 2016
26315 posts
Posted on 1/28/19 at 11:20 am to
What was the result? I thought I remember seeing an article recently about a ruling that said law enforcement couldn’t force someone to give up their password so they can access their phone
Posted by beerJeep
Louisiana
Member since Nov 2016
39215 posts
Posted on 1/28/19 at 11:21 am to
Okay... fine. You win judge.

It’s 0000. No?

0001. No?

0002.... 0003.... 0004 etc etc etc etc etc
Posted by UpToPar
Baton Rouge
Member since Sep 2008
23079 posts
Posted on 1/28/19 at 11:22 am to
quote:

this is no different then a judge ruling you must confess


Not quite. It’s like a judge ruling you must turn over your personal journal.

I have some serious concerns here, not so much in this specific instance, but more related to how this might be used moving forward. It’s a slippery slope.
Posted by TOSOV
Member since Jan 2016
8922 posts
Posted on 1/28/19 at 11:23 am to
quote:

clear 5th amendment right against self incrimination

this is no different then a judge ruling you must confess


So how are retina/fingerprint options being legally pushed to be done?

(Serious question)
Posted by beerJeep
Louisiana
Member since Nov 2016
39215 posts
Posted on 1/28/19 at 11:23 am to
Now I’m starting to rethink my iPhone X. All they have to do is hold the phone up to my face
Posted by Jester
Baton Rouge
Member since Feb 2006
34717 posts
Posted on 1/28/19 at 11:25 am to
quote:

Cause the files are in the computer...

Posted by EA6B
TX
Member since Dec 2012
14754 posts
Posted on 1/28/19 at 11:25 am to
quote:

Thought I read somewhere where they've tried, and only have a limited amount of tries left before it gets fried. True??


In the case of the terrorist/shooter in California, he refused to give them the password, and Apple refused to give them a workaround, the investigators hired a outside firm to crack the phone which is probably what will happen here. Regardless of where our technology has taken us, this is fundamentally no different than me having needed evidence locked in a safe deposit at my bank, and refusing to give investigators the key. They would just get a court order letting them open it by whatever means was available.
Posted by Dam Guide
Member since Sep 2005
16791 posts
Posted on 1/28/19 at 11:26 am to
quote:

Now I’m starting to rethink my iPhone X. All they have to do is hold the phone up to my face


Cop button baw, been in since iOS 11. Hit the power button 5 times and face unlock gets disabled or if you can't remember that, just power it off real fast. Face ID is also disabled on start.
This post was edited on 1/28/19 at 11:27 am
Posted by beerJeep
Louisiana
Member since Nov 2016
39215 posts
Posted on 1/28/19 at 11:26 am to
quote:

Cop button baw, been in since iOS 11. Hit the power button 5 times and face unlock gets disabled or if you can't remember that, just power it off real fast. Face ID is also disabled on start.



Whhhhhaaaaaattttttttttttttt

You just blew my mind
This post was edited on 1/28/19 at 11:27 am
Posted by Jon Ham
Member since Jun 2011
29734 posts
Posted on 1/28/19 at 11:28 am to
5th: ...nor shall be compelled in any criminal case to be a witness against himself...


I don’t think it’s clear. If a murderer hid booby traps and land mines all around his house and land and the body was believed to be inside the house, could he be compelled to disclose where the traps were since authorities would have a right to search the house? They aren’t asking him “did you kill?” or “what were you doing the night of the 11th?” They’re just asking for access to something they have a right to access.
Posted by Dam Guide
Member since Sep 2005
16791 posts
Posted on 1/28/19 at 11:29 am to
quote:

Whhhhhaaaaaattttttttttttttt You just blew my mind


A lot of people hate on Apple, but they do really try to keep your shite safe. Google can't wait to sell your arse to someone else.
Posted by Centinel
Idaho
Member since Sep 2016
46661 posts
Posted on 1/28/19 at 11:30 am to
quote:

They’re just asking for access to something they have a right to access.




Do they?
Posted by UpToPar
Baton Rouge
Member since Sep 2008
23079 posts
Posted on 1/28/19 at 11:30 am to
quote:

Regardless of where our technology has taken us, this is fundamentally no different than me having needed evidence locked in a safe deposit at my bank, and refusing to give investigators the key. They would just get a court order letting them open it by whatever means was available.


Which is why I'm concerned with the direction this is heading. If the court can compel the defendant to turn over the passcode, why can't the court compel Apple to unlock the phone?

And if the court can compel Apple to unlock the phone with a warrant, why can't they get a warrant and monitor phone data prior to bringing formal charges? Now, we are approaching Big Brother territory.
Posted by Damone
FoCo
Member since Aug 2016
32966 posts
Posted on 1/28/19 at 11:31 am to
Isn't that essentially compelling him to make a statement? This seems like a big overreach and should be addressed by SCOTUS.
Posted by Ash Williams
South of i-10
Member since May 2009
18563 posts
Posted on 1/28/19 at 11:31 am to
quote:

In the case of the terrorist/shooter in California, he refused to give them the password, and Apple refused to give them a workaround


The terrorist was dead

They just wanted to access his phone because they wanted to investigate any potential accomplices

But yes, Apple publicly said they wouldnt help get them in the phone

According to the news, the FBI paid almost $1,000,000 to a "vendor" to get into the phone, but that vendor has never been publicly named.

Alot of people think it was actually Apple agreeing to help under the table since it was a terrorist related event
Posted by Ash Williams
South of i-10
Member since May 2009
18563 posts
Posted on 1/28/19 at 11:32 am to
quote:

why can't they get a warrant and monitor phone data prior to bringing formal charges? Now, we are approaching Big Brother territory.


Those are called wiretaps and they've existed for a long time
Posted by Damone
FoCo
Member since Aug 2016
32966 posts
Posted on 1/28/19 at 11:33 am to
quote:

Not quite. It’s like a judge ruling you must turn over your personal journal.

It's a judge ruling that he must provide information, i.e. a statement, against himself. It's a blatant constitutional violation.
Posted by Jon Ham
Member since Jun 2011
29734 posts
Posted on 1/28/19 at 11:34 am to
quote:

Do they?


If they can convince a judge it is more likely than not the phone contains evidence of a crime and there’s no other way, within reason, to obtain the evidence, then yes, they have a right to search the phone within the area they believe contains the evidence.
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