One more reason to stay with BlackBerry:
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It's not different. The question goes to whether the arrested person can be compelled to help the police gather evidence against him or otherwise witness against himself. The answer is no. In the case of the paper list, he could write it in Estonian (a language I speak) or in some code. He doesn't have to translate what's written on the paper for the police. Sure, they could get their own translator (if they can find one), or try to crack the code, but the arrested person certainly doesn't have to help them with it. Same with the phone. They could try to break into it and defeat the encryption, but the accused doesn't have to help them with it by giving them his password (or unlocking it for them). He can remain silent and not even speak his name.01-09-11 04:44 PMLike 0 - Care to explain?
Seriously, that outrages me. Police should be allowed to get access to the phone if they need to search it, and if the person in question doesn't co-operate, make it take whatever torture it requires to make them co-operate. My idea for that, couple of billion tazers in the nuts if it's a male, in the breasts if it's a female.
Posted from my CrackBerry at wapforums.crackberry.com01-09-11 05:13 PMLike 0 -
I don't need to grow up in a communist dictatorship to understand that our justice system is messed up so much, it favours the criminal over the victim.01-09-11 05:31 PMLike 0 - Blackberry password wipe.
Ruling lets California police search your phone without a warrant - CNN.com
I'll set my phone to wipe after three attempts if I travel to California. (Hopefully I won't.)
If confronted with a demand to unlock my phone (even by a judge), I would also raise other constitutional issues [like the right to be free from involuntary servitude (i.e. slavery)] in addition to the usual Fourth amendment search and seizure issues. No citizen can be compelled to enter keystrokes for the police! I don't work for them, therefore I won't enter keystrokes!01-10-11 05:47 PMLike 0 - Arrested for insubordination? What's that? Do you mean "contempt of court"? And what's the penalty for that, death? But that's why it would be ideal to wipe the phone with incorrect password attempts before contact with the thugs-with-badges escalates to an unlawful arrest that ends up in front of a seditious lawyer in a black dress.
Posted from my CrackBerry at wapforums.crackberry.comLast edited by T�nis; 01-10-11 at 06:00 PM.
01-10-11 05:56 PMLike 0 - Arrested for insubordination? What's that? Do you mean "contempt of court"? And what's penalty for that, death? But that's why it would be ideal to wipe the phone with incorrect password attempts before contact with the thugs-with-badges escalates to an unlawful arrest that ends up in front of a seditious lawyer in a black dress.
Posted from my CrackBerry at wapforums.crackberry.com01-10-11 06:01 PMLike 0 -
- I'm just stating the law. Refusing to unlock your phone is refusing a search warrant. That never turns out well. Just look at the Watergate Scandal.01-10-11 06:17 PMLike 0
- Refusing a search warrant to your phone is the same as refusing a search warrant to your house. They will assume that you're hiding something incriminating. If you had nothing to hide then you would be willing for people to see. It's not like you have top secret government information hidden on your BlackBerry.01-10-11 06:20 PMLike 0
- When they serve a search warrant on your house, they don't force you to unlock all the doors for them. I don't think you can be forced to give a password, unless you're in Gitmo. They can serve a warrant for your phone or PC, but its on them to access what's there.01-10-11 06:23 PMLike 0
- It's not like it's hard to plant fake messages on a BlackBerry. Just restore a backup file that has a bunch of incriminating trash in it, and bingo, to the average luddite judge, it looks like you engineered the assassination of JFK twenty years before your birth.
Or they could just toss you a drop pistol and hope your first instinct is to catch it.01-10-11 06:37 PMLike 0 - When they serve a search warrant on your house, they don't force you to unlock all the doors for them. I don't think you can be forced to give a password, unless you're in Gitmo. They can serve a warrant for your phone or PC, but its on them to access what's there.01-10-11 06:44 PMLike 0
- That's right. They open the doors themselves. And you're right: you can't be lawfully (i.e. under the Constitution) forced to speak your password. Will a seditious judge lock you up for refusing? I don't know, but these days I wouldn't be surprised if he handed down a death penalty.01-10-11 06:46 PMLike 0
- But a phone would be different. A warrant to a phone would state that they have legal permission to view everything on it that was stated in the warrant. It's not like this is the first time phones have had passwords. The warrant will probably say something about unlocking it and if it doesn't they will just go back and get another warrant that does. There's not much of a way to avoid it.01-10-11 06:47 PMLike 0
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- But a phone would be different. A warrant to a phone would state that they have legal permission to view everything on it that was stated in the warrant. It's not like this is the first time phones have had passwords. The warrant will probably say something about unlocking it and if it doesn't they will just go back and get another warrant that does. There's not much of a way to avoid it.
All this is speculation anyway because it wasn't part of the scope of this case.01-10-11 06:49 PMLike 0 - If that were true, then law enforcement wouldn't need a Computer Forensics team, just tell the perp he HAS to give up his right to remain silent? But for some reason, they have departments that focus on tech devices. Other than adding a charge of contempt of court to whatever you were arrested for, what are they going to do to compel someone?01-10-11 06:52 PMLike 0
- It's not worth arguing over. The bill in California most likely mentions phones with a password seeing that many people have password locks.01-10-11 06:52 PMLike 0
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Whether the high courts will do the right thing/rule in favor of the Constitution isn't a guarantee these days though, and sadly it has never been a guarantee. Seems everyone has an agenda, and some judges/justices like to rule from the bench.01-10-11 10:02 PMLike 0 - It wasn't a bill, it was based on a court case that had nothing to do with a password protected phone and the court will not bring up issues that are not before it.01-11-11 12:23 AMLike 0
- Truthfully I'm more worried about my girlfriend going thru my phone than any police officer. Pretty soon I think more platforms than just blackberry will have some sort of remote wipe feature but it is nice to know my bold is secure.
Posted from my CrackBerry at wapforums.crackberry.com01-11-11 12:44 AMLike 0 - Truthfully I'm more worried about my girlfriend going thru my phone than any police officer. Pretty soon I think more platforms than just blackberry will have some sort of remote wipe feature but it is nice to know my bold is secure.
Posted from my CrackBerry at wapforums.crackberry.com
But it's not like the Police will let you log into a computer to remote wipe you phone. Password wipe is nice and all, though.
Google phones make you log in with your Google credentials if you fail the pin code/swipe lock too many times and they cannot force you to give them you User Name and Password.
This only matters to people who don't use lockscreens on their phones (most people do). If you do, you have nothing to worry about because they cannot force you to give them your login information (Code, Pin, UN/PW, etc.) without a supoena.01-11-11 05:01 AMLike 0
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