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this post was submitted on 21 Dec 2023
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politics
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Why arent they asking the phone company and why havent they hacked his phone like they do to any other defendant?
I think it's not a question of if they can get them. It's a question of if they can use them.
They can legally seize them with a warrant. But that usually only happens if the target might attempt to destroy evidence or otherwise not cooperate.
https://abcnews.go.com/Politics/wireStory/feds-raided-rudy-giulianis-home-office-2021-ukraine-105797337
They can also legally compel the target during execution of said warrant to provide their biometrics (but not their passcode) to unlock the devices.
https://wustllawreview.org/2023/02/22/actions-speak-louder-than-words-compelled-biometric-decryption-is-a-testimonial-act/
Keep in mind, the biometrics also applies to traffic stops. If a cop believes you were texting and driving or something… they can use your face or whatever to get that evidence.
Set a passcode and remember to emergency lock any time you want more than biometrics locking your phone. Or don't use biometrics because they're easy to defeat anyways, but to each their own.
Here's what one state's texting law says about a stop for texting and driving: A law enforcement officer who stops a motor vehicle for a violation of paragraph (a) must inform the motor vehicle operator of his or her right to decline a search of his or her wireless communications device and may not: 1. Access the wireless communications device without a warrant. 2. Confiscate the wireless communications device while awaiting issuance of a warrant to access such device. 3. Obtain consent from the motor vehicle operator to search his or her wireless communications device through coercion or other improper method. Consent to search a motor vehicle operator’s wireless communications device must be voluntary and unequivocal.
That’s one out of 49. Do others have that? Sure. Some. Others don’t.
I wouldn’t trust it worth a fart, though, and trying to explain that law to cops is more likely to get you charged with contempt of cop.
I too would not trust it worth one fart. That said, seems reasonable you and I should drink some (many) beers, eat some (many) nachos and wings, and try to definitively determine the worth of a fart--so we're all on the same page when we use the fart as a measurement of worth. So, call me maybe?