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5th Amendment dying? Court can force you to unlock your encrypted iPhone

JEDI

JEDI

Lifer
http://money.cnn.com/2014/12/01/tec...ryption-fingerprint/index.html?iid=TL_Popular

You can encrypt your iPhone 6 and lock it w/it's built in fingerprint scanner.

but court judge ruled that police can force you to unlock your phone with your finger.

however, if you disable the iPhone's TouchID -- or use a phone without a fingerprint scanner -- you can plead the Fifth Amendment and not say your passcode.


interesting.. they cant beat the password out of you but can manhandle you
 
You can tell the cop yours is locked with an asshole scan, and then kindly request they stand still for you to scan them.
 
Printer Bandit said:
Maybe I should try when it's hard.
Click to expand...

Here, let me help.

what-are-bronies-3.jpg
 
So, you write things on paper. You lock it in a file cabinet. A warrant is issued, based on probable cause, to search through the files in the file cabinet. No problem.

So, what's the difference with a cell phone?
 
It's been this way for awhile.

I recall reading an article awhile ago that stated if you encrypt your HDD you should use a password instead of a cd/usb key since a judge can order you to surrender the latter.
 
DrPizza said:
So, you write things on paper. You lock it in a file cabinet. A warrant is issued, based on probable cause, to search through the files in the file cabinet. No problem.

So, what's the difference with a cell phone?
Click to expand...

OP isn't clear about the level of suspicion. Casual? Probable Cause? Emergency?

he 5th guards against "unreasonable" searches, not all searches.

That's why you get into trouble with things like the 'plain view' of what officers can see, and they know how to play some games with things like 'safety searches'.

I think there are times they detain people waiting for a dog to arrive to sniff around a car.
 
Uh my phone is set to wipe after 5 failed login attempts. What's stopping someone from mistyping their pass code 5 times to wipe their phone quick?
 
DrPizza said:
So, you write things on paper. You lock it in a file cabinet. A warrant is issued, based on probable cause, to search through the files in the file cabinet. No problem.

So, what's the difference with a cell phone?
Click to expand...

Wouldn't giving the password (knowledge or thought expressed) be self incrimination?
 
Ns1 said:
Uh my phone is set to wipe after 5 failed login attempts. What's stopping someone from mistyping their pass code 5 times to wipe their phone quick?
Click to expand...

Nothing. I suppose at that point you could be charged with contempt of court or obstruction of justice, but IANAL.

smackababy said:
Wouldn't giving the password (knowledge or thought expressed) be self incrimination?
Click to expand...

No. Would surrendering your filing cabinet key in DrPizza's example constitute self incrimination? No.
 
Ns1 said:
Uh my phone is set to wipe after 5 failed login attempts. What's stopping someone from mistyping their pass code 5 times to wipe their phone quick?
Click to expand...

because that really does not wipe the phone. IF they have a warrant they will just take it and still get the data off the phone.
 
smackababy said:
Wouldn't giving the password (knowledge or thought expressed) be self incrimination?
Click to expand...

From what I understand, this is the case.

What makes the biometrics scan different is that the passcode isn't something you know, it's something you posses (a body part).

At least that's the gist.
 
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