jimnyc
05-31-2017, 04:22 PM
revelarts
This ought to be a good thread!
This is really a tough call, and it's hard to have a blanket call that would cover every instance of every investigation and/or arrest. BUT, I have a VERY good feeling I know what Rev will say, and I tend to agree - that if they have solid evidence, then get a warrant.... but what if they DO have a warrant, and then the person STILL refuses to give up the code? And, IMO, they need to have judges available for such instances, where they can get said warrant ASAP if needed, so they can do so on the spot. But again, it may be useless if someone has good encryption and still refuses. :)
---
He didn’t give police his iPhone pass code, so he got 180 days in jail
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.
“The judge made the right call,” said his lawyer, Zeljka Bozanic. “My client testified he did not remember. It’s been almost a year. Many people, including myself, can’t remember passwords from a year ago.”
Victor and his girlfriend, reality TV star Hencha Voigt, are accused of threatening to release sex videos stolen from Miami social-media celebrity YesJulz in exchange for $18,000. Voigt is also facing a contempt of court charge — she provided her pass code, but it did not work.
She’ll appear in court next week to explain why.
Both cases underscore the friction over courts ordering defendants to give up their pass codes, which critics say violates a citizen’s Fifth Amendment right against self-incrimination. Judges have struggled to determine how much access law enforcement can get to smartphones, tablets and hard drives — particularly ones using increasingly sophisticated encryption technology.
Rest here - http://www.miamiherald.com/news/local/community/broward/article153373524.html
This ought to be a good thread!
This is really a tough call, and it's hard to have a blanket call that would cover every instance of every investigation and/or arrest. BUT, I have a VERY good feeling I know what Rev will say, and I tend to agree - that if they have solid evidence, then get a warrant.... but what if they DO have a warrant, and then the person STILL refuses to give up the code? And, IMO, they need to have judges available for such instances, where they can get said warrant ASAP if needed, so they can do so on the spot. But again, it may be useless if someone has good encryption and still refuses. :)
---
He didn’t give police his iPhone pass code, so he got 180 days in jail
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.
“The judge made the right call,” said his lawyer, Zeljka Bozanic. “My client testified he did not remember. It’s been almost a year. Many people, including myself, can’t remember passwords from a year ago.”
Victor and his girlfriend, reality TV star Hencha Voigt, are accused of threatening to release sex videos stolen from Miami social-media celebrity YesJulz in exchange for $18,000. Voigt is also facing a contempt of court charge — she provided her pass code, but it did not work.
She’ll appear in court next week to explain why.
Both cases underscore the friction over courts ordering defendants to give up their pass codes, which critics say violates a citizen’s Fifth Amendment right against self-incrimination. Judges have struggled to determine how much access law enforcement can get to smartphones, tablets and hard drives — particularly ones using increasingly sophisticated encryption technology.
Rest here - http://www.miamiherald.com/news/local/community/broward/article153373524.html