Samuel Tunick, who faces a felony charge for deleting his phone’s data during an airport customs search, called the government’s peering into people’s private lives “creepy.”
They would, but he’d have a significantly better chance at winning. Having a duress setup/password isn’t illegal. if you plead the 5th on what that pin code is, i don’t think they’d have a leg to stand on.
I don’t know if it would win or not. But the cops could argue that you put that piece of paper as a premeditated trap designed to wipe evidence and interfere with their investigation, if they caught you. Especially if you wrote any of that down and they found it. Honestly I’m not sure what the jury would agree with in this country.
So what? Yes, that’s what the paper note is for. If someone wants to get unauthorized access, they will likely try it and wipe the phone. You have zero obligation to warn them not to do that. You didn’t authorize access.
I think you’re on the right track. You could say the note was for cell phone thieves or something and you didn’t expect the police to use it. Plausible deniability.
Even if you did expect the police to use it, you aren’t obligated to front that information to them. Anything you say or do may be used in against you in the court of law. So, the safe option is to say and do nothing at all, let them dig their own grave.
I’m talking about in the court of law, when they’re claiming you tampered with evidence by leaving the note. Your lawyer could tell the jury that there were many reasons someone might have a note with a pin that erases the phone, including theft. Their client (you) invoked their right to silence, and you had no obligation to prevent the police from erasing your phone.
They would, but he’d have a significantly better chance at winning. Having a duress setup/password isn’t illegal. if you plead the 5th on what that pin code is, i don’t think they’d have a leg to stand on.
I don’t know if it would win or not. But the cops could argue that you put that piece of paper as a premeditated trap designed to wipe evidence and interfere with their investigation, if they caught you. Especially if you wrote any of that down and they found it. Honestly I’m not sure what the jury would agree with in this country.
So what? Yes, that’s what the paper note is for. If someone wants to get unauthorized access, they will likely try it and wipe the phone. You have zero obligation to warn them not to do that. You didn’t authorize access.
I think you’re on the right track. You could say the note was for cell phone thieves or something and you didn’t expect the police to use it. Plausible deniability.
Even if you did expect the police to use it, you aren’t obligated to front that information to them. Anything you say or do may be used in against you in the court of law. So, the safe option is to say and do nothing at all, let them dig their own grave.
I’m talking about in the court of law, when they’re claiming you tampered with evidence by leaving the note. Your lawyer could tell the jury that there were many reasons someone might have a note with a pin that erases the phone, including theft. Their client (you) invoked their right to silence, and you had no obligation to prevent the police from erasing your phone.