Phone-unlocking case law is "total mess," may be ripe for Supreme Court review.

Suspects can refuse to provide phone passcodes to police, court rules::Phone-unlocking case law is “total mess,” may be ripe for Supreme Court review.

  • AdamEatsAss@lemmy.worldEnglish
    51·
    9 months ago

    I don’t understand the USA law that well, probably not a good thing because I’ve lived here my whole life, but don’t the Miranda rights say “you have the right to remain silent” and the 5th amendment says you have the right to not answer any questions that would self incriminate yourself? The police can’t legally compell a private citizen to tell them a phone passcode or anything and I think any defense lawyer would immediately call out a judge who posed the threat of contemp over this.

    • thesmokingman@programming.devEnglish
      41·
      9 months ago

      IANAL. I recommend you start with the link I shared and the OP article which has a massive number of links to related cases (included the one I shared). The basics, as I understand them, is that being compelled to share a password and being compelled to give details of a crime you committed are viewed differently by the law.