Pennsylvania Firearm Owners Association
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  1. #1
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    Default Remaining Silent Being Used Against You

    Not strictly firearms-related, but this seems like a better place than The Lounge.

    Interesting case out of Utah:

    The Utah Supreme Court is the latest stop in EFF's roving campaign to establish your Fifth Amendment right to refuse to provide your password to law enforcement. Yesterday, along with the ACLU, we filed an amicus brief in State v. Valdez, arguing that the constitutional privilege against self-incrimination prevents the police from forcing suspects to reveal the contents of their minds. That includes revealing a memorized passcode or directly entering the passcode to unlock a device.

    In Valdez, the defendant was charged with kidnapping his ex-girlfriend after arranging a meeting under false pretenses. During his arrest, police found a cell phone in Valdez's pocket that they wanted to search for evidence that he set up the meeting, but Valdez refused to tell them the passcode. Unlike many other cases raising these issues, however, the police didn't bother seeking a court order to compel Valdez to reveal his passcode. Instead, during trial, the prosecution offered testimony and argument about his refusal. The defense argued that this violated the defendant's Fifth Amendment right to remain silent, which also prevents the state from commenting on his silence. The court of appeals agreed, and now the state has appealed to the Utah Supreme Court.
    https://www.eff.org/deeplinks/2021/1...ry-you-refused

  2. #2
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    Default Re: Remaining Silent Being Used Against You

    Quote Originally Posted by free View Post
    Not strictly firearms-related, but this seems like a better place than The Lounge.

    Interesting case out of Utah:



    https://www.eff.org/deeplinks/2021/1...ry-you-refused
    You have no rights, citizen.

  3. #3
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    Default Re: Remaining Silent Being Used Against You

    Quote Originally Posted by icp4life162005 View Post
    You have no rights, citizen.
    Thanks for the insight.

  4. #4
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    Default Re: Remaining Silent Being Used Against You

    Quote Originally Posted by free View Post
    Thanks for the insight.
    He's not wrong though; more and more we're seeing our judicial system making ruling that strip citizens rights away for "the greater good"; the liberals wet dream. It's important that the defendant wins this 5th amendment challenge, regardless of his guilt or innocence of the kidnapping charge.
    -Brandon

  5. #5
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    Default Re: Remaining Silent Being Used Against You

    How did they get him to talk? Torture or just ask for his password? What would they do if he said no, be sad?
    Biden 2024 Build Back EVEN Better!!!

  6. #6
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    Default Re: Remaining Silent Being Used Against You

    Quote Originally Posted by Yoder View Post
    How did they get him to talk? Torture or just ask for his password? What would they do if he said no, be sad?

    Did you even read what I wrote in the OP?

  7. #7
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    Default Re: Remaining Silent Being Used Against You

    I*m on the fence here.

    However, if my loved one was kidnapped and the suspect*s locked phone could lead to her whereabouts, then I would be ok with him being water-boarded until he gave up the passcode.

    *I realize this is the trial.

  8. #8
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    Default Re: Remaining Silent Being Used Against You

    Quote Originally Posted by JAKIII View Post
    I*m on the fence here.

    However, if my loved one was kidnapped and the suspect*s locked phone could lead to her whereabouts, then I would be ok with him being water-boarded until he gave up the passcode.

    *I realize this is the trial.
    Are you ok with your loved one being waterboarded? Or you being waterboarded?

  9. #9
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    Default Re: Remaining Silent Being Used Against You

    Listen Ken...oh....fuck it.
    There are only two kinds of guns. Those I have and those I want.

  10. #10
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    Default Re: Remaining Silent Being Used Against You

    Quote Originally Posted by JAKIII View Post
    I*m on the fence here.

    However, if my loved one was kidnapped and the suspect*s locked phone could lead to her whereabouts, then I would be ok with him being water-boarded until he gave up the passcode.

    *I realize this is the trial.
    Yes, because the police and FBI always identify the correct suspect. Just ask Richard Jewel.
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

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