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Prosecutor trying to force defendant to unlock cell phone - Max Gruver case

Posted on 8/20/18 at 1:07 pm
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
20395 posts
Posted on 8/20/18 at 1:07 pm
OT’s thoughts on this? Is this equivalent to forcing you to testify against yourself? I am assuming they plan to jail him for Contempt until he agrees to unlock the phone. What if he legitimately can’t recall the pass code or just says he can’t remember?

quote:

Prosecutors are asking a Baton Rouge judge to order a former LSU student accused of hazing in the September alcohol-related death of freshman fraternity pledge Max Gruver to turn over his cellphone pass code to them. Sean-Paul Gott's cellphone was seized in November pursuant to a court-authorized search warrant, but investigators have been unable to gain access to its contents because the phone is protected by a pass code.

East Baton Rouge Parish Assistant District Attorney Morgan Johnson wrote in a motion Friday that Gott was asked Aug. 13 in open court to provide the pass code to his own, but he refused.


LINK
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
52633 posts
Posted on 8/20/18 at 1:08 pm to
Good for him. Should be on the PT board.
Posted by celltech1981
Member since Jul 2014
8139 posts
Posted on 8/20/18 at 1:09 pm to
i plead the 5th

Posted by beerJeep
Louisiana
Member since Nov 2016
39228 posts
Posted on 8/20/18 at 1:09 pm to
I’d tell em to kick rocks. frick that.
Posted by Powerman
Member since Jan 2004
175646 posts
Posted on 8/20/18 at 1:09 pm to
I don't think you should be required to unlock it
Posted by Bullfrog
Running Through the Wet Grass
Member since Jul 2010
61794 posts
Posted on 8/20/18 at 1:09 pm to
Plead the 5th.
Will probably get a few years in jail.
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
52633 posts
Posted on 8/20/18 at 1:10 pm to
quote:

Plead the 5th.
Will probably get a few years in jail.
For refusing to self-incriminate?
Posted by teke184
Zachary, LA
Member since Jan 2007
105168 posts
Posted on 8/20/18 at 1:11 pm to
IMHO, he shouldn’t be forced to unlock it.

Cops have a problem with it, they can negotiate with Apple or Google for an unlock.


Refusing to use the fingerprint unlock is probably a good idea too because I think they have an easier argument claiming they have a right to your prints than they do to a password in your head.
Posted by East Coast Band
Member since Nov 2010
66991 posts
Posted on 8/20/18 at 1:11 pm to
Why is it even ok to confiscate your home computer?
Posted by DeafJam73
Baton Rouge
Member since Sep 2010
19122 posts
Posted on 8/20/18 at 1:12 pm to
That would require a warrant. You can’t just demand it.
Posted by JetsetNuggs
Member since Jun 2014
15612 posts
Posted on 8/20/18 at 1:12 pm to
I bet that motherfricker's password is Bosco

Posted by Finch
Member since Jun 2015
3768 posts
Posted on 8/20/18 at 1:12 pm to
Probably the homicide charge
Posted by lsu13lsu
Member since Jan 2008
11842 posts
Posted on 8/20/18 at 1:12 pm to
Prosecutors and Law Enforcement will do anything possible to get a conviction. They are some power hungry scary people.
Posted by Upperdecker
St. George, LA
Member since Nov 2014
33900 posts
Posted on 8/20/18 at 1:13 pm to
Pretty sure Apple has said they won’t open the phone if the defendant doesn’t want it opened. Not sure if he has an iPhone or Android though
Posted by Boudreaux35
BR
Member since Sep 2007
22281 posts
Posted on 8/20/18 at 1:13 pm to
From what I have heard, if you enter an incorrect code 10 times, it allegedly wipes the phone clean. How "clean" is it really wiped? Does it truly clear all data?

If so, then if they'd ask me, I would "try" a code. Probably would not be correct because my memory is kinda damaged from all of the binge drinking. Let me try 8 more times, then they could decide if they really want to go for a 10th try.

This post was edited on 8/20/18 at 1:17 pm
Posted by DeafJam73
Baton Rouge
Member since Sep 2010
19122 posts
Posted on 8/20/18 at 1:14 pm to
quote:

Why is it even ok to confiscate your home computer?


It’s fine if there’s a warrant. Without that, cops and prosecution can’t do shite. I’m the last one you will see talk shite about law enforcement, but I also expect them to do their jobs correctly. Gather evidence, get a warrant.
Posted by ShaneTheLegLechler
Member since Dec 2011
63733 posts
Posted on 8/20/18 at 1:16 pm to
quote:

Sean-Paul


Posted by TigerStripes06
SWLA
Member since Sep 2006
30032 posts
Posted on 8/20/18 at 1:17 pm to
There is a 100% chance there are dick pics on that phone he doesn’t want shown in court.
Posted by TigersSEC2010
Warren, Michigan
Member since Jan 2010
38535 posts
Posted on 8/20/18 at 1:20 pm to
frick that. If they can't get him with what they have, he should walk.
Posted by Ash Williams
South of i-10
Member since May 2009
18563 posts
Posted on 8/20/18 at 1:22 pm to
quote:

Will probably get a few years in jail.


He’s charged with a misdemeanor. Won’t get more than 6 months
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