Posted on 10/18/2019 6:27:46 AM PDT by Rio
Police wanted to search the contents of an iPhone they found in Catrice Pittman’s purse, but she never confirmed whether it was hers and wasn’t offering up a passcode. Her defense attorney argued forcing her to do so would violate her rights against self-incrimination under the Fifth Amendment of the U.S. Constitution and Article 1 Section 12 of the Oregon Constitution.
But a Marion County judge sided with police and prosecutors by ordering Pittman to enter her passcode. On Wednesday, the Oregon Court of Appeals agreed with that ruling -- in a first-of-its-kind opinion for an appeals court in this state.
(Excerpt) Read more at oregonlive.com ...
Now with facial recognition, the cops can just point the phone at your face. No need for you to expend any effort at all.
Uh, ur honor.....about that 5th Amendment and self-incrimination.....FU.
IIRC, that "feature" has to be enabled to work. If not enabled, one can use a passcode or leave their phone unlocked w/o using a passcode (which I do NOT recommend.)
I may be wrong, I haven't had an iPhone in a number of years now. I have a Samsung Galaxy S9 and have had Android phones for the past seven years now. I don't use facial recognition, I use a passcode.
It’s very convenient, but there IS a downside to it.
Only if you were stupid enough to use that and not a discrete passcode. You can choose when you set up the phone. I have FaceID and TouchID turned off on my iPhone, but the passcode is turned on.
If a warrant can get into a house, a safe, a computer, a business, financial records, etc. then it can get into your phone.
She’s guilty as hell either way.
“Our rights are a little less than they were yesterday. But for those of us following this area of law it’s not a surprise,” he said. Federal case law has been leaning this way for the past few years, he said.
Scott said the ruling won’t affect many Oregon defendants whose phones are seized by police because police already have technology that allows them to crack into most of those phones. But sometimes, like with Pittman’s phone, police just can’t get in.
The latest iPhones, more often than other phones, have proven difficult, Scott said.
“For people who want their information private, I would recommend getting an iPhone,” Scott said. “And Apple is not paying me to say that.”....
When Marion County Circuit Judge Tracy Prall ordered Pittman to enter her passcode in August 2016, Pittman twice punched in “123456.” That wasn’t the correct code. Prall found Pittman in contempt of court and sentenced her to 30 days in jail.
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I suspect that if this was appealed to the federal courts it would eventually e determined to be unconstitutional.
What happens if she enters the wrong passcode three times?
How very liberal of you, Congressman.
No need for the Constitution here (5th Amendment)...nation of laws. LOL!! Laws are only for the chumps. Not them.
nvermnd
Did you read the article?
Good point. it should lock down until you 1. prove identity. 2. change pass code.
You don’t have to use FACEID. I would NEVER turn on that feature.
Simple, just say, “I forgot!”.....................Steve Martin................
I’ve had situations like this where the judge ordered actions that were not legal and beyond his scope of authority.
His response was that if we did not do what he wanted, he would hammer us on issues within his authority.
I set up the judge by disclosing with the Feds that our actions were done with protest, against our will and court ordered. That triggered an investigation into the judge and his removal from the bench. He had issued a favorable opinion for us in the interim as we did what he wanted.
Nothing.
Also, you have to enable the feature that wipes the phone if the wrong passcode is entered 10 times (not three.)
But I don't know if that feature also wipes the backup stored on iCloud.
What??? That violates the unwritten rule!
Sounds like she has grounds to have any evidence from the illegal search excluded.
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