Remaining Silent Being Used Against You

[free]

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

[icp4life162005]

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.

[free]

You have no rights, citizen.

Thanks for the insight.

[pens87pgh]

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.

[Yoder]

How did they get him to talk? Torture or just ask for his password? What would they do if he said no, be sad?

[free]

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?

[JAKIII]

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.

[DMG]

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?

[Bang]

Listen Ken...oh....fuck it.

[streaker69]

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.