Skip to comments.Your phone is your castle Cops need a warrant.
Posted on 09/04/2019 7:14:54 PM PDT by Talkwire
It is your Constitutional right to refuse to grant Law Enforcement access to see whats on your phone. Technology often outpaces the law, but in this case, our tried and true Constitution has your back regarding police access to your cell phone. Courts have decided that TWO Constitutional amendments protect you from being incriminated by your phone. The Fourth Amendment protects your privacy, and the U.S. Supreme Court ruling Riley v. California in 2014... https://tully-weiss.com/remain-silent-dont-unlock-your-phone-for-police/
(Excerpt) Read more at tully-weiss.com ...
Thanks for the article. Very informative.
Minor problem - the Supreme Court has also decided that the cops can open and search your phone without a warrant if they use something publicly visible. They can hold up your phone to your face for a facial recognition unlock or press your finger to the fingerprint sensor for an unlock that way.
They cannot, however, force you to reveal a passcode without a warrant.
Don’t use facial recognition or fingerprint recognition to lock your phone, no matter how convenient you think it is.
Pro tip: always use your friend’s phone when committing crimes.
“if they use something publicly visible.” What exactly does that mean?
Citation to the United States Supreme Court decision that you are referring to?
The police are proceeding on the basis that your face is in public view as are your fingerprints.
The Supreme Court has refused to take up the issue.
See my immediate prior post. The Supreme Court has refused cert on cases like this so far.
And encryot your phone with a cap on login attempts...enter wrong code on mine 3 times and its locked for ten minutes, 2 more tries and it’s encrypted beyond recovery
Secondly, i can remote wipe from 2 other designated phones with a few simple sms messages
Wait, let me get this strait
My phone, which any 12 year old Chinese hacker or the FBI can easily hack into is my castle
But my actual home, if my lawn doesn’t meet the township standards, IE it grew too tall, I can receive a summons, and if I don’t pay/show up, receive a judgement, which the township can then foreclose on and actually TAKE MY CASTLE!
Sorry but our Constitution is pure bullshit. Or the people who interpret it are truly morons, either way, it is still bullshit.
Such was 2.5 years ago in a head on collision.
The fact found that both drivers were texting.
A young mother & child were killed in each vehicle.
This is very true. A while back I told my kid when he got a new iPhone to use a password not his thumbprint. They can’t make you give up your password, but the cops can use your own fingerprint against you.
Hold your finger weird so it cant be read and it requires a passcode after two misreads.
You said the Supreme Court has ruled that police can search your phone without a warrant. Then you link to a wired article and tell me the Supreme Court has refused to hear these cases.
The case that wired is referring to has nothing to do with searching a phone without a warrant. Law enforcement HAD a warrant in that case. The issue is whether they could unlock the phone with Face ID WITH a warrant.
The issue isnt the 4th Amendment (police DO need a warrant or exigency to search a phone) but rather the 5th Amendment. Your face isnt protected by the 5th Amendment.
Nah. Another reason my kid got drunk. Passed out. His so called friends put his thumbprint on accessed his credit card and accounts stole money.
So this time he listened and only uses password.
Being a young person, is it fairly reasonable to assume he did not press charges for fear of upsetting those ‘friends’ that helped themselves to his account?
Did he at least drop those ‘friends’ like hot potatoes?
ICE is already unlocking FaceID without a warrant - that is referenced in the article.
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I think it sort of depends. I don't do crimes, drugs, or even text while driving. BUT I might want the officer who comes up to an accident to be able to open my address book in the phone and call my wife or something silly like that.
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