Free speech,4th amendment,5th amendment,6th amendment,supreme court, paralegal news, social media censorship, prison reform , mass incarceration, civil rights, Arizona laws, Arizona prisons, University, Law degree, law research, legal observers, constitutional rights.
Thursday, January 17, 2019
Federal Judge says compelling suspects to unlock phones violate 4th and 5th
https://assets.documentcloud.org/documents/5684412/Face-Rec-5th.pdf
A California Federal Judge has found that compelling suspects to unlock their phones using their fingerprints violates the fourth and fifth amendments. Per the California Federal case suspects were utilizing Facebook Messenger to extort their victim for monetary gain by threatening to expose a sensitive video of the victim. Within the discussion of the court documents the judge mentioned that just because a individual was present during the act of the crime does not create probable cause to compel the search of the device ( cellphone ). And concerning the suspect who is being accused cannot not be compelled to commit self incrimination by unlocking the phone with his/her fingerprint.
Also showing sympathy for the investigation the federal judge said that the government had other means to unlock electronic devices and avoid trampling over Constitutional Rights.
As we remember the tragic terror attack in San Bernardino , California the FBI was attempting to force Apple to open the terrorists cellphone. Which after being sued by the FBI , Apple still did not assist. With the Constitutional violations in mind. Concerned that the terrorist attack would set a precedent for future crimes of ordinary citizens involving electronic devices.
https://www.washingtonpost.com/world/national-security/us-wants-apple-to-help-unlock-iphone-used-by-san-bernardino-shooter/2016/02/16/69b903ee-d4d9-11e5-9823-02b905009f99_story.html?utm_term=.e5c7d9ddd612
Ultimately though the FBI did find a private tech company to unlock the device. And after paying $900,000 also. So with the overture of " everybody has a price " the Constitution was yet still violated. With this case the suspects ( terrorists ) were dead and loads of evidence was already provided. Even though investigations are very crucial and maybe help stop future attacks , we should not compromise our Constitution and way of law.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment