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October 22nd, 2021, 02:28 PM #1
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.
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October 22nd, 2021, 04:24 PM #2
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October 22nd, 2021, 09:03 PM #3
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October 23rd, 2021, 10:36 AM #4
Re: Remaining Silent Being Used Against You
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
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October 23rd, 2021, 10:44 AM #5
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?
Any vote for a third party is a vote for a Democrat. You are the enemy.
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October 23rd, 2021, 05:26 PM #6
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October 23rd, 2021, 06:07 PM #7
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.
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October 24th, 2021, 11:03 AM #8Active Member
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October 24th, 2021, 05:06 PM #9
Re: Remaining Silent Being Used Against You
Listen Ken...oh....fuck it.
There are two kinds of guns. Those I have acquired, and those I hope to.
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October 24th, 2021, 05:07 PM #10
Re: Remaining Silent Being Used Against You
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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