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Started By
Message
re: Prosecutors, ex-LSU student battle over access to defendant's cellphone
Posted on 11/27/18 at 4:43 pm to Cump11b
Posted on 11/27/18 at 4:43 pm to Cump11b
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.
"I haven't had that phone for a year, you think I remember the passcode?"
1
Posted on 11/27/18 at 4:43 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.
If you have one of those keypad code entry doorknobs...they can't make you give them the code to make access. If you refuse, they have to kick door in, use battering ram, etc.
You have to allow them to search. You do NOT have to aid them in that search.
Posted on 11/27/18 at 4:43 pm to Cump11b
quote:
Should prosecutors have open access to someone's cellphone through a warrant?
Nope.
This was my issue with the "no texting while driving" laws. Essentially it's your word against the officer, and you are forced to give him access to your phone to prove you werent texting.
I'd say he should save stuff, but i'm sure his computer is accessible by prosecutors. Just get important stuff off of it. Arghhhh reason why I hate all the cloud stuff on all the phones.
I'd add in that convos with his lawyer are on there, and unable to "separate" from other things.
Drop it in the toilet after you scrubbed it if told to do so.
Posted on 11/27/18 at 4:44 pm to Jim Rockford
quote:
They can search your house. They can't make you show them where the trap door to your stash is.
And they can't make you show them where files or texts or whatever on the phone are. I'm still failing to see the difference.
Im not saying I agree with it, but courts have to rule on juris prudence and Im having a hard time seeing how to separate the two.
Posted on 11/27/18 at 4:45 pm to Kracka
quote:
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.
They paid a private ethical hacking group to break into the phone. That breach has been summarily patched by Apple.
We may start to see the beginning of a new constittuional amendment defining electronic/virtual property rights and the governement's right to access.
Posted on 11/27/18 at 4:45 pm to BlackHelicopterPilot
quote:
If you have one of those keypad code entry doorknobs...they can't make you give them the code to make access. If you refuse, they have to kick door in, use battering ram, etc.
You have to allow them to search. You do NOT have to aid them in that search.
This is a good point I hadn't thought of.
Posted on 11/27/18 at 4:46 pm to Mingo Was His NameO
quote:
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.
I'm pretty sure when they search my house they are looking for something specific. Going through someone's phone is basically a fishing expedition just to see what else they can find. Accessing your phone is accessing all your contacts, your email, your search history, your text messages, your voice mails, and anything else you store or access including work emails and in some cases proprietary information for work.
Seems like they would need to show they had probable cause for ALL of things and not just the phone.
I guess that means I'm fundamentally opposed AND I see it differently than searching your home or your car.
Posted on 11/27/18 at 4:46 pm to TOSOV
BTW..if you have an iPhone with face sensor or thumb sensor to open it...power that fricker OFF if ever in this situation. On power UP it requires the code and not just your face nearby or your thumb print.
Posted on 11/27/18 at 4:47 pm to Kracka
quote:
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
San Bernardino and this is clearly not the same issue.
Posted on 11/27/18 at 4:47 pm to Cump11b
This case will be decided after Naquin gives access in a plea deal. No way the court forces him to give them the passcode successfully. That would set a massive precedent
Posted on 11/27/18 at 4:47 pm to Jim Rockford
quote:Right
They can search your house. They can't make you show them where the trap door to your stash is.
This sounds silly but it's an honest question...when they have a warrant for your house, if a room is locked, they just knock down the door and go in, right?
That being said, assuming it's the usual 4-digit password, couldn't you just hand the phone to an intern and give them a couple of days or however long it would take to go through the 10,000 options til they find it and that would be similar to them knocking down your locked door with the warrant for your house?
Posted on 11/27/18 at 4:48 pm to TOSOV
quote:
This was my issue with the "no texting while driving" laws. Essentially it's your word against the officer, and you are forced to give him access to your phone to prove you werent texting.
I heard a story on KPEL this morning about a guy who got a $300 ticket for distracted driving. Cop said he saw the guy talking on his cell phone while driving. Guy took it to court. Showed the judge his call logs for that day and specific time that showed him that he did not use his phone during time the ticket was issued. He even said he had bluetooth in the car, so even if he was on the phone, he wouldn't be holding the phone. Said he was eating something during the drive and the cop mistook it for a phone. Judge believed the cop despite the evidence. Ordered the driver to pay the ticket.
Posted on 11/27/18 at 4:48 pm to BlackHelicopterPilot
quote:
BTW..if you have an iPhone with face sensor or thumb sensor to open it...power that fricker OFF if ever in this situation. On power UP it requires the code and not just your face nearby or your thumb print.
I’ll just avoid killing people, should be pretty easy
Posted on 11/27/18 at 4:48 pm to Epic Cajun
quote:That's the other thing, you get the warrant and let's say you have to give the code, what do you do when he says he doesn't remember it?
"I haven't had that phone for a year, you think I remember the passcode?"
Posted on 11/27/18 at 4:49 pm to NoHoTiger
quote:
Seems like they would need to show they had probable cause for ALL of things and not just the phone
I'm not so sure on that. Once they're in your house, for example, if they find evidence linking you to another crime that can be used as evidence, if I'm not mistaken. I don't know why they would be inadmissible, it was obtained legally.
Posted on 11/27/18 at 4:49 pm to BlackHelicopterPilot
Yes.
I believe they can legally force you to unlock your phone via biometric software (force you to unlock with a fingerprint, etc), but can't make you enter a code.
I believe they can legally force you to unlock your phone via biometric software (force you to unlock with a fingerprint, etc), but can't make you enter a code.
Posted on 11/27/18 at 4:49 pm to shel311
quote:
That being said, assuming it's the usual 4-digit password, couldn't you just hand the phone to an intern and give them a couple of days or however long it would take to go through the 10,000 options til they find it and that would be similar to them knocking down your locked door with the warrant for your house?
Most will completely seize up after a number of incorrect guesses
Posted on 11/27/18 at 4:49 pm to BlackHelicopterPilot
quote:If so, that answers my question above.
If you have one of those keypad code entry doorknobs...they can't make you give them the code to make access. If you refuse, they have to kick door in, use battering ram, etc.
You have to allow them to search. You do NOT have to aid them in that search.
So how many types of passwords and combos are there? if it's the generic 4 digit or whatever, just have someone go through every code til they find it, no?
Posted on 11/27/18 at 4:50 pm to Upperdecker
quote:
I’ll just avoid killing people, should be pretty easy
But, where is the fun in THAT?
Posted on 11/27/18 at 4:50 pm to Upperdecker
quote:
I’ll just avoid killing people, should be pretty easy
Sometimes easier said than done.
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