this post was submitted on 09 Nov 2024
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Law enforcement shouldn't be able to get into someone's mobile phone without a warrant anyway. All this change does is frustrate attempts by police to evade going through the proper legal procedures and abridging the rights of the accused.
They usually do have a warrant or it was seized lawfully.
This is about keeping them out even when it's lawful.
Lawyer. Not true.
Example: An officer pulls someone over and suspects them of something arrestable. Then says "Do you want me to get your personal belongings from your car?"
Any person agreeing to this allows them to hold your phone as evidence indefinitely in the US now.
That's all lawful.
They can search you and the area when arrested. They can search the car if they have probable cause that evidence will be in the vehicle
I said have a warrant or seized lawfully, not nust have a warrant.
Edit: I didn't even write what I said I said correctly. Corrected it lol.
Seized or not, they can not force you to unlock your phone via pin without a warrant. They can only force you to use biometrics.
Right, but this is about them bypassing you entirely.
They don't need your fingerprint or pass code if they can bypass it themselves. This feature protects you when they've seized it lawfully which can be for many reasons.
Or even if they've seized it unlawfully. Or if it's been stolen by a regular thief, a cybercriminal, the mafia, or a cartel.
I'm not sure how much it would actually help for a regular thief.
This is about protecting it against more sophisticated attacks. But the rest probably have those means if wanted.
It is their job to find evidences, not my resposibility to provide them.
I've never said otherwise.
It's their job to find a way to hack into the phone.
This feature makes that even harder.
Other people answered, but to your point, in some cases THEY CAN compel without a court order.
Biometrics don't conform to certain laws, and it gets even more complicated if you're entering the US through customs. They can practically hold you indefinitely if you don't comply. Whether you have legal representation is sort of an after thought.