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re: Prosecutor trying to force defendant to unlock cell phone - Max Gruver case
Posted on 8/20/18 at 2:10 pm to Slickback
Posted on 8/20/18 at 2:10 pm to Slickback
quote:
Anyone with toddlers can tell you that that’s not the case...thankfully.
Well, I did some research. Apparently, by default, if you enter the wrong code 6 time, it will disable the phone for a period of time. However, there is a security setting that you can select that does wipe the phone after 10 incorrect entries. It can be backed up from the cloud if the phone had been previous backed up, otherwise the data is gone "for good".
0
Posted on 8/20/18 at 2:37 pm to broadhead
quote:
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?
Supreme Court hasn't ruled on it
There have been different decisions out of lower courts but no federal appeals courts have heard the issue
Posted on 8/20/18 at 2:41 pm to Bullfrog
quote:
Contempt of court has resulted in over 10 years, before.
The maximum penalty for contempt is 6 months
This post was edited on 8/20/18 at 3:35 pm
Posted on 8/20/18 at 2:42 pm to FuzzyBearE
quote:
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.
Google "Faraday Bag"
Posted on 8/20/18 at 2:46 pm to jbgleason
This is why I don't use the finger print lock option on my iPhone.
Posted on 8/20/18 at 2:54 pm to Sentrius
quote:
This is why I don't use the finger print lock option on my iPhone.
That seems to be a myth and isn't grounded in fact.
Posted on 8/20/18 at 2:55 pm to HubbaBubba
quote:
Good for him. Should be on the PT board.
Why? That's not a pplitical topic.
Posted on 8/20/18 at 2:57 pm to Boudreaux35
quote:
From what I have heard, if you enter an incorrect code 10 times, it allegedly wipes the phone clean
This is true if you have that feature turned on in settings. I always set this on iphones.
Posted on 8/20/18 at 3:08 pm to slackster
quote:
That seems to be a myth and isn't grounded in fact.
Here's them facts.
My phone does not have a finger print that cops can use to unlock my phone and they're shite out of luck when trying to lift one from my fingers as its useless on my phone.
The only thing that can open my phone is a pass code that's locked, stock and barrel in my brain.
Posted on 8/20/18 at 3:18 pm to DeafJam73
quote:
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.
Ok, but could Apple put a button in their find my iPhone app that says “I’ve been arrested, burn it all” that would basically turn your phone and cloud data into a big pile of nothing that could never be recovered and also so it could never be proven you pressed that button?
Posted on 8/20/18 at 3:20 pm to jbgleason
Didn't the Feds have a major weight drug dealer phone and got no help from Apple or defendant on unlocking but got it hacked somehow and got the info they were looking for? They wouldn't say how they did it. Or is that a case where Apple finally caved and unlocked it?
Posted on 8/20/18 at 3:27 pm to holmesbr
quote:
Didn't the Feds have a major weight drug dealer phone
No. It was the terrorist couple out in CA. The FBI waited until they had a case that would garner public sympathy (terrorists) and then tried to get a court ruling that would allow them to use it on everybody. Once they saw the Court's were not leaning their way, they withdrew the case and hacked the phones privately. They allegedly paid some super hacker a million dollars per phone to open them. They got... nothing from the phones.
It pissed me off that the FBI waited around for that particular case to attempt to fight the issue and still didn't see it through when they didn't like the answer. DOJ lawyers have no scruples what so ever. Department of JUSTICE my arse.
Posted on 8/20/18 at 3:30 pm to jbgleason
Personally, if I were this kid's lawyer and he came to me within say the first 72 hours and and lose it . Then immediately buy a new one with a different number.
Posted on 8/20/18 at 3:38 pm to KiwiHead
quote:
Personally, if I were this kid's lawyer and he came to me within say the first 72 hours and and lose it . Then immediately buy a new one with a different number.
He would only use the passcode as a bargaining chip only if he knows the phone is clean. If there was something incriminating on the phone the answer would be hell no.
Posted on 8/20/18 at 4:01 pm to HotKoolaid
quote:
He would only use the passcode as a bargaining chip only if he knows the phone is clean. If there was something incriminating on the phone the answer would be hell no.
If I were his attorney and I suspected that my client was to be a target, I would have advised him to take care and not be "careless" with his cell phone in the aftermath of this tragedy where things could get confusing.
Posted on 8/20/18 at 4:13 pm to slackster
quote:
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.
They can get a warrant to open and search the contents of a safe, a safe deposit box at a bank, your home/office computer, and information that is stored it is done all the time. The difference is the prosecutors can easily get some outside party to open the safe or deposit box, and in most cases open files on a hard drive, in this and similar cases the phone's owner is the only one that can open it.
Posted on 8/20/18 at 4:23 pm to TigerStripes06
quote:
Ok, but could Apple put a button in their find my iPhone app that says “I’ve been arrested, burn it all” that would basically turn your phone and cloud data into a big pile of nothing that could never be recovered and also so it could never be proven you pressed that button?
That could be considered tampering with evidence or obstruction of justice.
Posted on 8/20/18 at 4:40 pm to Pesticide
Yep, hence he should have become a very careless person especially with regards to his cell phone.
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