Posted on 04/24/2024 4:11:54 AM PDT by Phoenix8
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Yes he was out on parole, but the precedent it sets is breathtaking. Without a warrant you could find yourself arrested for say…speeding. If the police could force open your phone just imagine what information they would have access to!
Fourth ammendment.
So how much force could the police use to force compliance?
When you are on parole you basically have the same rights as you had in prison.
The police can search your home or office without a warrant. Why would the phone be different.
If the offender is a pedophile you would want to check his phone for child porn just as you would check drug addict’s home for heroine.
On parole, your rights are severely limited. The person agreed to this as a condition of parole.
He gave permission for the police to search his phone in order to get parole.
Unless you are a Democrat politician
Ah yes. The exception to every rule.
This is one reason I would not want a parolee living in my home.
Yes,
Carry a copy of the Constitution with you at all times!
If not that, at least carry the first second third fourth fifth and sixth amendment rights with you at all times!
First, identify yourself but then say “I want an attorney and I will not speak until I have council.”
I never use a fingerprint to unlock my phone. I always use the pattern. A cop can’t force you to remember. Yet.
“Carry a copy of the Constitution with you at all times!”
The Constitution stopped mattering a LONG time ago. Show that to a cop and he’ll laugh his ass off.
Solution : don’t have one!
I have gone back to a simple four digit code. They can’t force me to “remember” it, as I tend to forget things under stress. More than ten tries and it turns into a brick.
This is not about search at all. This is about forced self incrimination and confession against your free will. A right that can never be taken away.
Even on Parole you cannot agree to surrender your right of free will even if you wanted to. This is forced self incrimination and confession and denies the 5th Miranda rights. Miranda is forever present and cannot be denied in any case for any reason even if you are on parole. Even if you have agreed to a search without a warrant because you are on parole. A search without a warrant does not include removing your ever present right to the 5th. Judges and the justice system are held to the unquestioned solidity of the 5th in all cases and all situations.
If they can hack it without a warrant then fine, but to force you to open it and incriminate yourself is the same as denying your Miranda right to counsel and to be silent and not incriminate yourself. The 5th cannot be denied in any circumstance period. You can’t even sign it away by contract if you wanted to.
Under the Fifth Amendment, suspects cannot be forced to incriminate themselves. And the Fourteenth Amendment prohibits coercive questioning by police officers. So, confessions to crimes that are coerced, or involuntary, aren’t admissible against defendants in criminal cases, even though they may be true.
This.
Face recognition is the worst way to lock your phone. Anybody can grab your phone, point it at your face, and it's unlocked.
Thumbprint is better, but you can still be forced to put your thumb on the scanner.
As for me, I have nothing on my phone that would make me fear the police, but I do have a lot that I would not want a thief to have access to.
.
A parolee is a different matter and likely should still be in jail. For the rest of us, either federal law and/or the courts need to clarify that the 4th amendment is valid and that no slight of hand, no technology can violate. That means no scanners, no eye, face, finger or whatever to bypass our rights. A search warrant for everything.
Good point. So I take it this is a red herring?
Either way I will never willingly give access to anything of mine without a warrant.
Is that a Johnny Fever reference I smell there?
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