Thursday, April 25, 2019

ATF flouts 5th Amendment

I guess that chewing at the Second isn't enough:
A US judge gave the cops permission to force people's fingers onto seized iPhones to see who could unlock them, a newly unsealed search warrant has revealed. 
Specifically, Judge Judith Dein, of the federal district court of Massachusetts, gave agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) the right to press Robert Brito-Pina's fingers on any iPhone found in his apartment in Boston. The bloke was suspected to be trafficking guns, hence the application for a search warrant. In fact, anyone nabbed at the property would be forced to use their fingers to unlock any cellphones seized at the home, according to the court filing.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Heck, why not let them waterboard everyone?

This is why you should never use your fingerprint (or face) to unlock your phone:
What is notable about the warrant, surfaced this week by Law360, is that law enforcement is drawing a clear distinction between forcing someone to place their fingers on a phone to unlock it and forcing them to give officers the passcode to unlock it. The first is physical; the second is mental, and brings with it both Fourth and Fifth Amendment issues.


Jerry said...

Fingerprint locks are convenient but essentially useless. Anyone can pick up a fingerprint from an object and use it to create an RTV model that will unlock a phone. This is basement lab level science. Ditto for iris recognition locks. Once someone is able to break your fingerprint and iris locks, how do you change your passwords?

libertyman said...

Did you see the Feds have indicted a Massachusetts judge who sneaked an illegal out the back of the courtroom to avoid being arrested by ICE?

McChuck said...

The police and the courts can order you to unlock a computer, phone or safe. Failure to comply is itself a crime.

Strange but true.

Glen Filthie said...

If I were a member of some criminal guild... I wouldn’t be caught DEAD with a smartphone.

I’m not sure why this should worry me fellas. If they raided my cell they’d find a pile of rude memes and rotten messages to my creepy friends and that’s it. Fact is a raid like that would probably affirm my innocence more than anything...

Ed Bonderenka said...

Can they tell you to unlock a safe?
Open a locked door?

Aesop said...

Minions of the Government caught following a different standard than subjects, of "law for thee but not for me"?

This is my shocked face.