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re: Prosecutor trying to force defendant to unlock cell phone - Max Gruver case
Posted on 8/20/18 at 1:24 pm to jbgleason
Posted on 8/20/18 at 1:24 pm to jbgleason
If he had the 10-tries then wipe setting on his phone, and he purposefully wiped by getting it wrong too many times, what would they do? The data's gone, but they're not sure what it was to begin with. Destruction of evidence, maybe?
2
Posted on 8/20/18 at 1:24 pm to Ash Williams
Hasn’t the surpreme court ruled that you can’t be forced to unlock your phone with a passcode but can be via a fingerprint?
Posted on 8/20/18 at 1:25 pm to TigersSEC2010
Why can't they just get a warrant
Posted on 8/20/18 at 1:26 pm to Ash Williams
Contempt of court has resulted in over 10 years, before.
Posted on 8/20/18 at 1:27 pm to shspanthers
Do you really think that because your phone erases data that it is actually gone?
Posted on 8/20/18 at 1:29 pm to shspanthers
quote:
The data's gone, but they're not sure what it was to begin with.
More than likely, the data is backed up. Either on a cloud or Apple servers. If the prosecution really wants that data and he has legit evidence, he’ll get that data.
Posted on 8/20/18 at 1:30 pm to broadhead
quote:
Hasn’t the surpreme court ruled that you can’t be forced to unlock your phone
Forgive my ignorance, but how is this any different than being forced to allow a search of your home (given a warrant)?
Information is information regardless of how it is secured. If there is enough evidence to warrant looking into it, you should be required to release it.
Posted on 8/20/18 at 1:31 pm to jbgleason
Cops just gonna put in around 35 invalid codes and hork your iPhone for about a million years.
Who's the joke on now?
Who's the joke on now?
Posted on 8/20/18 at 1:31 pm to Scooba
They are. Phone and data are considered personal property like a house and a car. But, they can be made accessible via a warrant. Apple has already tried fighting this. It did not go the way they wanted to, at all.
Posted on 8/20/18 at 1:33 pm to Boudreaux35
quote:
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?
Anyone with toddlers can tell you that that’s not the case...thankfully.
Posted on 8/20/18 at 1:35 pm to DeafJam73
You can wipe the phone remotely if it's an iPhone. I mean they can confiscate my phone - but it'll be wiped clean before they get back to the office to examine it.
No need to "forget" your password.
Just log in to the cloud and nuke it.
No need to "forget" your password.
Just log in to the cloud and nuke it.
Posted on 8/20/18 at 1:37 pm to broadhead
On Apple phones, if you leave it locked for 24 hours then the fingerprint option is disabled and you have to enter the passcode. Sounds like that’s where he’s at. So they could hold his finger to the phone and it still won’t work. He’s good here.
Posted on 8/20/18 at 1:37 pm to jbgleason
Do they force you to open a safe or similar device? The self incrimination is an interesting defense, but I'd imagine there is already precedent on such a topic.
Posted on 8/20/18 at 1:42 pm to jbgleason
He just needs someone to log into his find my phone app and erase the phone.
Posted on 8/20/18 at 1:48 pm to Meauxjeaux
Oh, and BTW, Apple will gladly turn over your iCloud data.
Posted on 8/20/18 at 1:49 pm to LSUERDOC
First off - he’d be charged with evidence tampering and would get convicted.
Second - no way the cops still have that phone connected to any outside network. The SIM card has been pulled and the WiFi disabled. Just like any good thief.
Second - no way the cops still have that phone connected to any outside network. The SIM card has been pulled and the WiFi disabled. Just like any good thief.
Posted on 8/20/18 at 1:58 pm to castorinho
quote:
Why can't they just get a warrant
They have one. It’s how they were able to seize the phone to begin with.
Posted on 8/20/18 at 2:03 pm to jbgleason
Judge will rule in prosecutors favor. This has been tried before.
Posted on 8/20/18 at 2:04 pm to jbgleason
quote:
The question stems from a meme that says "Your fingerprint is not protected under the Fifth Amendment, so police can force you to unlock a phone with a fingerprint but not a password." ... Where it says here police can force you to unlock a phone, the Supreme Court says they have to get a warrant to doso.May 23, 2017
LINK
Posted on 8/20/18 at 2:07 pm to ScopeCreep
quote:
First off - he’d be charged with evidence tampering and would get convicted.
Depends on what is on the phone...if evidence of a more serious crime is on there then it is worth it.
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