Florida Man Jailed for Failing to Unlock His Phone

[Yellowing]

I also do 100 char passwords. Just because that's the maximum my password manager allows.

 

[codswollip]

Interesting story.
I'm gonna disable the biometric and install something that wipes the phone after 3 failed attempts. (Android)
My phone is always ready for a factory reset, so doesn't matter but in that case I will have that function. Even if you are innocent you can be in the wrong place at the wrong time.

That's stupid. For one the probability is very high that no one is trying to access your phone. And secondly you will needlessly wipe your phone if you ever forget the password.

Call it stupid, but I factory reset my phone just before returning to the U.S. and dealing with Customs.

Restore is no big deal for me.

 

[509322]

Call it stupid, but I factory reset my phone just before returning to the U.S. and dealing with Customs.

Restore is no big deal for me.

If you have made yourself a target they (the government) are already tracking, surveilling and eavesdropping you worldwide. Actually, once you leave U.S. territory, the laws that protect you domestically are out of play and the government is essentially free to do as it wishes. Wiping a phone before landing in-country is not any kind of real deterrent for them.

 

[Thales]

That's stupid. For one the probability is very high that no one is trying to access your phone. And secondly you will needlessly wipe your phone if you ever forget the password..

It is?
1, My phone is always ready for factory reset. Why? Because I'm prepared if I lose my phone somehow and then I don't wanna lose everything. I lost the content of my hard drive a couple of months ago, so I've learned from that. Backup, backup, backup.
2, Like I said even if you are innocent you can be in the wrong place at the wrong time.
You can say I don't need to wipe my phone if I have nothing on it because I have backups or if I'm innocent. However I wanna decide who can access my stuff and I don't care if that is the police or someone else. It's my property.

 

[codswollip]

I wanna decide who can access my stuff and I don't care if that is the police or someone else. It's my property.

Amen. There's no reason that compels me to unwillfully share my email messages, contact lists, photos, etc., no matter how benign they may be. Consider the numerous instances where the U.S. TSA maligns the infirm elderly confined to a wheelchair, or physically contact children in ways that would be considered sexual abuse if you or I were to do that. Why would anyone voluntarily submit to such abuse. And U.S. Customs is a far greater threat to power abuses.

I'll not be complcit in bullying government over-reach. Reset is trivial inconvenience in comparison.

 

[RoboMan]

“If they arrest you for anything — whether it’s drugs, guns, you name it — and an electronic device is nearby, they can get a search warrant and search it. And if you don’t provide that information to search it, to unlock, because you want to keep the information private, we’ll put you in jail,” said Leduc ( Montanez’s lawyer ).

This is for real? Don't USA citizens have the right to refuse to cooperate on the investigation or to testify against themselves? Aren't they protected by the law in terms of not giving access to any personal information to the government or local force?

 

[509322]

This is for real? Don't USA citizens have the right to refuse to cooperate on the investigation or to testify against themselves? Aren't they protected by the law in terms of not giving access to any personal information to the government or local force?

You cannot be compelled to testify against yourself - make statements to the police or testify against yourself in court. However, you must cooperate with the police investigation if they ask for any evidence. Providing evidence is not giving a written or verbal statement, so it is not covered under the 5th Amendment.

You must cooperate with the police and court by law. If you refuse, the police petition the judge, the judge issues a court order, you refuse to follow that court order, and that is a completely separate criminal offense for which you can go to jail - regardless of the status of the pending case against you. You just don't have to say anything, but generally you do have to otherwise do as they ask.