Former Cop in solitary for 7 months for refusing to provide password.

[SEIndSAM]

Interesting article. Theoretically, how long can someone not charged with a crime be held for Contempt of Court. 2 years, 5 years, Life??

Former police officer locked in solitary confinement for 7 months after not handing over his passwords

 

[JettaKnight]

Being discussed here.

 

[chipbennett]

Holding someone incarcerated for "contempt of court" is a blatant violation of constitutionally protected rights, including security of one's person against seizure without a sworn affidavit of probable cause, the right not to self-incriminate, and - most blatantly - due process.

 

[Woobie]

Very interesting. There's some difficult ground to cover.

Indefinite lockup without due process is certainly a no-go.

I get that they have a warrant to access the devices. If they have a warrant to get in your house, and you don't give them the key, they can barge right in. Not so easy with electronics.

I want to say pleading the 5th is valid, but is it? Does the 5th give you the right to complete non-compliance? I dont get a free resisting arrest pass if I cite the 5th.

The emotional side of this makes it interesting as well. When there is kiddy porn involved, people might be tempted to run rough-shod over the rights of the accused.

 

[chipbennett]

Very interesting. There's some difficult ground to cover.

Indefinite lockup without due process is certainly a no-go.

I get that they have a warrant to access the devices. If they have a warrant to get in your house, and you don't give them the key, they can barge right in. Not so easy with electronics.

I want to say pleading the 5th is valid, but is it? Does the 5th give you the right to complete non-compliance? I dont get a free resisting arrest pass if I cite the 5th.

The emotional side of this makes it interesting as well. When there is kiddy porn involved, people might be tempted to run rough-shod over the rights of the accused.

The warrant was for the hard drives, yes? The police have said hard drives; therefore, he complied with the warrant.

Is there not a charge that applies (say, obstruction of justice), if he is improperly failing to disclose the encryption password? (Assuming demand for the password was included in the warrant - and, can you issue a warrant for information inside someone's mind?)

I was only mildly sympathetic to FBI in their demands of Apple to assist in decrypting the data of a known terrorist. With a private citizen, not even accused of/charged with a crime? Hell no. The fifth amendment MUST apply.

 

[BugI02]

I thought I saw in another thread that there was a legal precedent (court ruling) that you could be compelled to unlock a device if it was a biometric lock (ie: fingerprint) but you could not be compelled to provide a password

 

[Cameramonkey]

I thought I saw in another thread that there was a legal precedent (court ruling) that you could be compelled to unlock a device if it was a biometric lock (ie: fingerprint) but you could not be compelled to provide a password

You are correct. Fingerprints =/= passwords. So if your iphone is set to unlock via your fingerprint and you value your 5th amendment rights, switch back to a passcode. And if you REALLY value your data/privacy, set it to wipe on 10 failed attempts. (assuming androids can do that too)

Why the Constitution Protects Passwords But Not Fingerprint Scans

 

[mrjarrell]

Doesn't matter with an iPhone. After a couple of days you have to log in with your passcode, not your fingerprint. If it's an iDevice he can refuse to provide the code.

 

[Sylvain]

You are correct. Fingerprints =/= passwords. So if your iphone is set to unlock via your fingerprint and you value your 5th amendment rights, switch back to a passcode. And if you REALLY value your data/privacy, set it to wipe on 10 failed attempts. (assuming androids can do that too)

Why the Constitution Protects Passwords But Not Fingerprint Scans

If you REALLY value your privacy don't have a freaking smartphone to begin with.