Seems forcing them to give passcode is exactly what the 5th prevents.
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Suspects Can Be Forced to Provide Smartphone Passcodes, Rules New Jersey Supreme Court
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I was born in 1953. The America I was born into no longer exists. We are nothing but wards (servants) of the state. Extremely troubling.
Technically it doesn't. Your diary, your photo album, etc are not protected by the Fifth, otherwise no documentary evidence would be admissible in court. The phone is nothing else than a repository of documentary evidence (similar to your hard drive), therefore it's not protected by the Fifth - provided a warrant.
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I mean... are you for McCarthyism?
For real. Not that this case is related to Snowden, but we should be very careful here.
As mentioned earlier, both parties are guilty. It's not the "Liberal Democratic Party" (in quotes because the current Democratic Party isn't liberal) currently violating the right of protestors across the country to petition their government for a redress of grievances.
But what if the passcode is the incriminating statement?
Can't be compelled to disclose the passcode if it's an admission of guilt and the only way the court could prove that would be if it were to be disclosed. Checkmate.
Can't be compelled to disclose the passcode if it's an admission of guilt and the only way the court could prove that would be if it were to be disclosed. Checkmate.
Only violent protestors are being violated as their actions are indeed illegal. Or do laws regarding arson, robbery, murder, and assault not apply just because you are protesting?
A passcode as admission of guilt? No jury would even consider that.
My diary and photo album are not locked. The issue is the locking of the data, not the data itself and the legality of compelling someone to incriminate themselves. It is akin to forcing someone to verbally self-incriminate under oath.
Yes, as a 1 year old infant, I was deeply into politics /s I'm referring to the fact that our personal freedoms in the US have been systematically eroded over the course of my lifetime. Does that suit you better?
they can force you to unlock a safe which contains incriminating evidence. This is no different.
Heck, they can force you to unlock your whole house.
What’s the legal difference between:
“Police! Open the door!”
and
“Police! Open you phone” ?
Will it make a difference if there’s a warrant?
“Police! Open the door!”
and
“Police! Open you phone” ?
Will it make a difference if there’s a warrant?
I have legitimately forgotten passwords and would be out of luck: I know how everybody likes to harp on how terrible the United States is, nevertheless its constitution is actually pretty good. look at countries like Australia and France that have very strong criminal jail time penalties If you do not or can not produce the password when demanded by the court...
You don't need to speak to open a door.
if this were an Android phone, do the police even need you to give up your password?
Knowing the US that would not surprise me and considering that Trump is in charge and he is a facist dictator (proof is there before Macrumurs gets twitchy).
He sees himself as needing to control and dominate people so he would say to the police they can beat the crap out of suspects till they talk.
At a campaign even of his there was a heckler and Trump told his security to that them out and beat them! He was not joking and was serious.
Says it all.
A truly SUPERB idea! edit: looking over my notes in my ideas book, I see that I thought of this myself; must have been groggy when I read this first
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Unless you are in Trump's America in which case it will be your private parts hooked up to a car battery till you talk, not about your passcode but about how amazing and brilliant Trump is.
He is a clear cut narcissist
Not really, it would be tampering of evidence of a criminal investigation which could lead to serious jail time.