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re: Prosecutors, ex-LSU student battle over access to defendant's cellphone
Posted on 11/27/18 at 4:51 pm to shel311
Posted on 11/27/18 at 4:51 pm to shel311
Unless you have a security feature that wipes the phone after a certain number of failed loggin attempts. A college kid probably wouldn't have something like that.
Do service providers archive texts/emails, and what's the legality of accessing them from that end?
Do service providers archive texts/emails, and what's the legality of accessing them from that end?
2
Posted on 11/27/18 at 4:52 pm to Mingo Was His NameO
quote:
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.
Possibly, but if it's my phone, I'm fighting tooth and nail to keep it out of their hands.
Posted on 11/27/18 at 4:53 pm to BlackHelicopterPilot
quote:Ahhhh. Pretty dumb of me, I shoulda figured that may happen.
Most will completely seize up after a number of incorrect guesses
Posted on 11/27/18 at 4:54 pm to Mingo Was His NameO
quote:
San Bernardino and this is clearly not the same issue.
How is it not the same issue? Cops want access to someone's phone. Only difference is the FBI wanted apple to access it since the guy was dead.
Posted on 11/27/18 at 4:55 pm to Jim Rockford
quote:
Six Failed Attempts
After six failed attempts to enter your passcode, your iPhone displays a red message that says "iPhone is Disabled." The iPhone also prompts you to try again after a minute -- you cannot make another passcode attempt until the minute is up. After the minute elapses, you're prompted to enter the passcode again when you try to unlock your phone.
iPhone Is Disabled
After a series of more failed attempts, your iPhone displays the same "iPhone is Disabled" message, but with an added "Connect to iTunes" message.
iPhone will force you to jump through some hoops and do some additional verification at this point.
quote:
Warning
Note that when you set up your passcode, there is an option to erase data after too many failed attempts. If you have this option selected, your phone will erase all the data after 10 failed passcode attempts. Once this data is erased, it's gone;
Police shouldn't take the chance that this option is set
Posted on 11/27/18 at 4:56 pm to Upperdecker
quote:
I’ll make sure idiots don’t drink too much and my boys don’t throw me under the bus to save their own arse
FIFY
Posted on 11/27/18 at 4:56 pm to NoHoTiger
Possibly, but if it's my phone, I'm fighting tooth and nail to keep it out of their hands.
Well of course, I'm just looking at it from a pure legal standpoint. Trust me, I'm all for keeping as much information out of the governments hands as possible, but I can seperate my beliefs and how I think a court would look at it.
Well of course, I'm just looking at it from a pure legal standpoint. Trust me, I'm all for keeping as much information out of the governments hands as possible, but I can seperate my beliefs and how I think a court would look at it.
Posted on 11/27/18 at 4:58 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.
Eh, tell them to talk to your wireless company.
Posted on 11/27/18 at 4:58 pm to Kracka
quote:
How is it not the same issue?
quote:
FBI wanted apple to access it
Posted on 11/27/18 at 4:59 pm to Jim Rockford
quote:
Do service providers archive texts/emails, and what's the legality of accessing them from that end?
Ive seen the Tulsa cops access peoples locked phones on The First 48. They are plugging it into a PC, and having their foresic computer people hack into the phones. I'd like to know how they are doing that.
Posted on 11/27/18 at 4:59 pm to NIH
quote:
McLindon is another lost trial away after the Brian Pope debacle from being yesterday's news.
He lost a case and now he is almost yesterdays news? Have you not kept track of some of the fantastical acquittals he has pulled out of his arse?
Posted on 11/27/18 at 5:00 pm to Mingo Was His NameO
quote:
Well of course, I'm just looking at it from a pure legal standpoint. Trust me, I'm all for keeping as much information out of the governments hands as possible, but I can seperate my beliefs and how I think a court would look at it.
This dude will win in court.
You have the absolute right to remain silent. That is, you may REFUSE to incriminate yourself.
You may search physical things and computer drives, etc. But, I can stand there silently. If you come to a password protected file (phone) how can I be FORCED to speak to you (tell you the code)? I cannot be forced to do so. Not because it is a "code". But, because I don't have to tell you a damned thing. Not one word.
Posted on 11/27/18 at 5:02 pm to BlackHelicopterPilot
quote:
This dude will win in court.
You have the absolute right to remain silent. That is, you may REFUSE to incriminate yourself.
You may search physical things and computer drives, etc. But, I can stand there silently. If you come to a password protected file (phone) how can I be FORCED to speak to you (tell you the code)? I cannot be forced to do so. Not because it is a "code". But, because I don't have to tell you a damned thing. Not one word.
I'm starting to agree. You can make them bust your door down, you don't have to let them in. Sort of the same premise.
Posted on 11/27/18 at 5:03 pm to Stexas
Was a general statement, no idea what Naquin did or didn’t do. I’d like to see the evidence
Posted on 11/27/18 at 5:05 pm to Mingo Was His NameO
quote:
You can make them bust your door down, you don't have to let them in.
If you use the setting on your phone to wipe it after a certain number of failed attempts, then they can’t even get in by force
Posted on 11/27/18 at 5:07 pm to BlackHelicopterPilot
I also believe that comparing a search of the phone to a search warrant of a physical premise is problematic. The search warrant has to particularly describe the evidence they are searching for and they can only search in those places that reasonably could contain that item. I.E. If they are searching for a shotgun, they can't look in a shoe box.
This is why I have problems with searches of electronic devices, they are allowed to search EVERYTHING in the device which may or may not include what they are supposed to be looking for. The 4th Amendment is supposed to balance security against the rights of the state. There isn't a balance when the state is given carte blanche.
BTW, for those that were discussing the previous case with the FBI in CA with the terrorist's phones. I was told by a friend at DOJ that they decided to abandon the court case and use the hackers to get in because DOJ was concerned about creating a bad precedent. They didn't think they were going to prevail in that case. I would like to see this case litigated at SCOTUS and see where it falls.
This is why I have problems with searches of electronic devices, they are allowed to search EVERYTHING in the device which may or may not include what they are supposed to be looking for. The 4th Amendment is supposed to balance security against the rights of the state. There isn't a balance when the state is given carte blanche.
BTW, for those that were discussing the previous case with the FBI in CA with the terrorist's phones. I was told by a friend at DOJ that they decided to abandon the court case and use the hackers to get in because DOJ was concerned about creating a bad precedent. They didn't think they were going to prevail in that case. I would like to see this case litigated at SCOTUS and see where it falls.
Posted on 11/27/18 at 5:14 pm to Cump11b
quote:
Should prosecutors have open access to someone's cellphone through a warrant?
Why? It’s up to them to get it IMO.
If they seize a safe from your residence you aren’t forced to input the combination.
If they seize your car you aren’t obligated to take it apart and show them the drugs in a hidden compartment.
Or if they want to search your house you don’t have to unlock anything for them. They may ask you out of courtesy so they don’t destroy or damage the item, but you’re in no way obligated.
It’s on the state to get the warrant then figure out how to get the info they want.
Posted on 11/27/18 at 5:15 pm to Upperdecker
quote:
I’ll just avoid killing people, should be pretty easy
BTW, there are other reasons:
You are texting while driving - light bar strobes behind you - power down phone - no way to see that you actually WERE texting 2 minutes ago.
Wife just sent you a pic of your naked niece - innocent funny pic - but, in today's world you are concerned that it MIGHT be misconstrued - cop is at a sobriety check and you just had a beer or two and are scared you MIGHT get that DWI - turn that damned phone OFF
You ARE inebriated and being pulled over - you just got a nudie pic from a side piece - you know you need your wife to bail you out - turn that phone OFF
You are having an affair - your wife just went missing - police come to tell you and need you to go downtown to answer some questions - you are innocent BUT the first suspect - turn that phone OFF
Posted on 11/27/18 at 5:16 pm to Mingo Was His NameO
quote:
Well of course, I'm just looking at it from a pure legal standpoint. Trust me, I'm all for keeping as much information out of the governments hands as possible, but I can seperate my beliefs and how I think a court would look at it.
I admittedly have a rudimentary knowledge. But, I think this is part of the problem, technology has outpaced the law. I see it as looking at your home, your office, your computer and all of your correspondence (including confidential correspondence) at one time. You don't get to do all of that with a search warrant of the home, you have to prove you need access to all of it. That's all I'm saying.
Posted on 11/27/18 at 5:17 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.
Good point. I dont have a phone with that ability nor would I use it. Weirds me out thinking that my finger print doesnt stay with my phone hardware. Good to know that they are legally forcing it though. Adds to my lack of want to use it.
With the face rec software being used for international travel it's going to get worse. DFW is a trail airport for international travelers coming in. Other countries are doing it too, so traveling is essentially creating a crazy database of faces. Fun times....
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