Christopher Wheeler, who is awaiting trial for child abuse, was taken into custody in a
Broward Court on Tuesday for not providing a working iPhone pass code to police.
David Ovalle dovalle@miamiherald.com
Posted on 05/31/2017 8:21:28 PM PDT by Swordmaker
A Hollywood man must serve 180 days in jail for refusing to give up his iPhone password to police, a Broward judge ruled Tuesday — the latest salvo in intensifying legal battles over law-enforcement access to smart phones.
Christopher Wheeler, 41, was taken into custody in a Broward Circuit Court, insisting he had already provided the pass code to police investigating him for child abuse, although the number did not work.
“I swear, under oath, I’ve given them the password,” a distraught Wheeler, his hands handcuffed behind his back, told Circuit Judge Michael Rothschild, who earlier in May found the man guilty of contempt of court.
As Wheeler was jailed Tuesday, the same issue was unfolding in Miami-Dade for a man accused of extorting a social-media celebrity over stolen sex videos.
That man, Wesley Victor, and his girlfriend had been ordered by a judge to produce a pass code to phones suspected of containing text messages showing their collusion in the extortion plot.
Victor claimed he didn’t remember the number. He prevailed.
On Tuesday, Miami-Dade Circuit Judge Charles Johnson ruled that there was no way to prove that Victor actually remembered his pass code, more than 10 months after his initial arrest. Johnson declined to hold the man in contempt of court.
(Excerpt) Read more at miamiherald.com ...
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The “rest of the story” is missing.
The 5th Amendment was repealed? When did that happen?
Good for him.
I hope he has enough means to take this higher.
Eventually he should win.
I thought that being forced to provide evidence against yourself was unconstitutional.
When a judge orders you to turn over something, that is a warrant, which is all the 5th amendment requires.
To my mind, what is at stake in these cases is the first amendment. I consider it implicit that the right to free speech means the right to speak privately.
Only in criminal cases.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”
how is 6 months inprison not radically excessive for a password??
Why would he want to take it higher?
Get a stay and appeal the sentence.
ordered by a judge to produce a pass code to phones suspected of containing text messages showing their collusion in the extortion plot. If we had a Constitutional Amendment making “Probable Cause”( Most Likely, Almost Certain) the standard for a warrant instead of “Reasonable Suspicion”(maybe, i think so, could have,...) maybe these types of Abuses wouldn’t happen.
You are Correct! When standing in Criminal Court in Front of a Judge you are supposed to be protected from being Ordered to Incriminate yourself. Producing your writings is the same as testifying.
“Get a stay and appeal the sentence.”
What sentence. He is awaiting trial.
SeeSharp: When a judge orders you to turn over something, that is a warrant, which is all the 5th amendment requires.
To 2ndDivisionVet: The 5th Amendment cannot be invoked if the accused has already made statements in his own defense. In other words: It cannot be selectively invoked. If the accused says "I wasn't at the bank that day," he cannot then refuse (citing the 5th) to answer the question "Well, where were you, then?"
To SeeSharp: It is necessary to make a fine but important distinction here. A judge can issue a warrant authorizing the police to search for and seize physical evidence, but you cannot be required to "turn over" physical evidence - and certainly no judge can force you to speak (unless: see above). (However, a Grand Jury can force you speak.)
Regards,
P.S.: Full Disclosure: I am not an attorney, nor do I play one on t.v.
After Mr. Wheeler does 180 days will this judge repeat the process? How long can the judge hold him for contempt? The rest of his life?
Don’t Talk to the Police
https://www.youtube.com/watch?v=d-7o9xYp7eE
The 5th Amendment only coveres what is called testimonial evidence. Evidence of a physical nature is not testitmonial. This includes things such as DNA, fingerprints and handwriting. It even includes a voice sample. The question is whether a passcode is testimonial. My belief is yes, it should be. But I can see a court reaching the contrary decision. It will be an interesting case to go up to the SCOTUS.
Yes, I've always found that lecture especially informative - and entertaining!
Regards,
Didn’t he get 180 days?
nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of lawAnd I don't see anything related to warrant.
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