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Prosecutors, ex-LSU student battle over access to defendant's cellphone
Posted on 11/27/18 at 4:28 pm
Posted on 11/27/18 at 4:28 pm
LINK
Should prosecutors have open access to someone's cellphone through a warrant?
quote:
An ex-LSU student charged with negligent homicide in the September 2017 alcohol-related hazing death of fraternity pledge Max Gruver is vigorously fighting prosecutors' attempts to obtain the password to his cellphone.
quote:
Prosecutors have filed a motion asking state District Judge Beau Higginbotham to order Naquin, 20, of Fair Oaks Ranch, Texas, to turn over the code. Naquin's attorney claims such an order would violate Naquin's constitutional right against self-incrimination.
quote:
The East Baton Rouge Parish District Attorney's Office seized Matthew Alexander Naquin's phone through a court order last November but has been unable to access its contents because the phone is passcode-protected.
quote:
In the fight over Naquin's cell phone, defense attorney John McLindon and District Attorney Hillar Moore III both say the issues raised by Naquin have never been directly addressed by either the Louisiana Supreme Court or the U.S. Supreme Court. The stakes are high, according to both men. "I don't think many citizens want the government rummaging through their phone," McLindon said in an email. "I believe the manufacturers of smartphones believe in privacy as well; otherwise, the phones would be made in a way that they could be accessed easily."
quote:
Moore contends that if Naquin is not compelled to provide his passcode, "it would indeed set a harmful and dangerous precedent for Louisiana and the nation."
Should prosecutors have open access to someone's cellphone through a warrant?
This post was edited on 11/27/18 at 4:29 pm
19
Posted on 11/27/18 at 4:30 pm to Cump11b
McLindon is another lost trial away after the Brian Pope debacle from being yesterday's news.
and no, to answer your question
and no, to answer your question
Posted on 11/27/18 at 4:30 pm to Cump11b
What’s the effect if he refuses to give the password even if ordered? A presumption that the contents would have been unfavorable or to him? Punishment for contempt of court?
Posted on 11/27/18 at 4:31 pm to Cump11b
Dude probably isn't hiding anything incriminating, his search history is just fricking weird.
Posted on 11/27/18 at 4:31 pm to Cump11b
quote:
Should prosecutors have open access to someone's cellphone through a warrant?
It pains me to say it, but probably
Posted on 11/27/18 at 4:32 pm to Thib-a-doe Tiger
quote:
It pains me to say it, but probably
My sentiments as well
Posted on 11/27/18 at 4:32 pm to Cump11b
Would forcing the defendant to provide his passcode violate his 5th amendment right not to bear witness against himself?
Posted on 11/27/18 at 4:33 pm to Cump11b
quote:
Moore contends that if Naquin is not compelled to provide his passcode, "it would indeed set a harmful and dangerous precedent for Louisiana and the nation."
Big brother is here to tell you that your privacy is dangerous to your safety
Posted on 11/27/18 at 4:33 pm to Cump11b
quote:
Should prosecutors have open access to someone's cellphone through a warrant?
Phone? Yes
Force me to give you my code? NO
"BTW..I have a bad memory and I totes forgot that code"
Posted on 11/27/18 at 4:34 pm to Jack Bauers HnK
quote:
What’s the effect if he refuses to give the password even if ordered? A presumption that the contents would have been unfavorable or to him? Punishment for contempt of court?
Contempt of court is better than a homicide conviction.
Posted on 11/27/18 at 4:34 pm to BlackHelicopterPilot
quote:
Force me to give you my code? NO
“ I can only remember it if I put the code in myself”
Restore to factory settings
Posted on 11/27/18 at 4:35 pm to Cump11b
They can search your house with a warrant even if you know there's a murder weapon in there despite what you say. I don't see how the precedent is much different. Isn't the point of a warrant is that they have probable cause for search and seizure?
Complicated issue.
Complicated issue.
Posted on 11/27/18 at 4:35 pm to Cump11b
quote:
Should prosecutors have open access to someone's cellphone through a warrant?
When we allowed warrants to be the authorization by which the government jams a needle in your arm.....well, every one of these privacy interest arguments feel.
Posted on 11/27/18 at 4:38 pm to Barrister
quote:
When we allowed warrants to be the authorization by which the government jams a needle in your arm
That one is very disturbing
Posted on 11/27/18 at 4:38 pm to Cump11b
quote:
"I don't think many citizens want the government rummaging through their phone," McLindon said in an email. "I believe the manufacturers of smartphones believe in privacy as well; otherwise, the phones would be made in a way that they could be accessed easily."
I agree.
quote:
Should prosecutors have open access to someone's cellphone through a warrant?
frick no.
Posted on 11/27/18 at 4:39 pm to Cump11b
quote:
Should prosecutors have open access to someone's cellphone through a warrant?
Absolutely NOT
Posted on 11/27/18 at 4:40 pm to Mingo Was His NameO
quote:
They can search your house with a warrant even if you know there's a murder weapon in there despite what you say. I don't see how the precedent is much different. Isn't the point of a warrant is that they have probable cause for search and seizure? Complicated issue.
They can search your house. They can't make you show them where the trap door to your stash is.
Posted on 11/27/18 at 4:41 pm to NoHoTiger
quote:
Absolutely NOT
Are you against it fundamentally or do you see it differently than them being able to access your car or house through a warrant. I'm just not sure I can buy the self incriminating thing because you can have self incriminating shite in your house, which they can obviously search through a warrant.
Posted on 11/27/18 at 4:41 pm to Cump11b
Didn't the FBI already take Apple to court in order to unlock someone's phone? Got denied, then cracked it themselves? But Apples defense was that they couldn't give access to their IP (code). I think it was for one of the mass shooting suspects.
Posted on 11/27/18 at 4:42 pm to Kracka
I think that was the San Bernardino shooter. IIRC, the FBI got some Israeli company to hack into it
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