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A new legal principal established in Oregon today —
If the police get a search warrant, they can force you to unlock your cell phone https://pamplinmedia.com/pt/9-news/496257-398078-oregon-supreme-court-state-can-compel-cell-phone-unlocking
If the police get a search warrant, they can force you to unlock your cell phone https://pamplinmedia.com/pt/9-news/496257-398078-oregon-supreme-court-state-can-compel-cell-phone-unlocking
You might think being forced to unlock your phone sounds a lot like self-incrimination — a violation of the 5th Amendment.
Oregon Supreme Court rules the act of unlocking *itself* cannot be used against you, but the contents of your phone can be https://pamplinmedia.com/pt/9-news/496257-398078-oregon-supreme-court-state-can-compel-cell-phone-unlocking
Oregon Supreme Court rules the act of unlocking *itself* cannot be used against you, but the contents of your phone can be https://pamplinmedia.com/pt/9-news/496257-398078-oregon-supreme-court-state-can-compel-cell-phone-unlocking
Of course, Oregon Supreme Court decisions only apply here
Across the country, states are divided on how the 5th Amendment applies to cell phones.
If you live in Florida, Wisconsin or Pennsylvania, for instance, the state can't compel unlocking https://arstechnica.com/tech-policy/2020/06/indiana-supreme-court-its-unconstitutional-to-force-phone-unlocking/
Across the country, states are divided on how the 5th Amendment applies to cell phones.
If you live in Florida, Wisconsin or Pennsylvania, for instance, the state can't compel unlocking https://arstechnica.com/tech-policy/2020/06/indiana-supreme-court-its-unconstitutional-to-force-phone-unlocking/
So what if you refuse to unlock your phone after the search warrant is granted?
Contempt of court and jail time, most likely.
The Portland woman at the center of this case was given 30 days (and convicted on other charges) https://pamplinmedia.com/pt/9-news/496257-398078-oregon-supreme-court-state-can-compel-cell-phone-unlocking
Contempt of court and jail time, most likely.
The Portland woman at the center of this case was given 30 days (and convicted on other charges) https://pamplinmedia.com/pt/9-news/496257-398078-oregon-supreme-court-state-can-compel-cell-phone-unlocking
In this specific case, the Oregon Supremes actually REVERSED the contempt/30 days of jail.
Why? Supremes say the authorities never proved it was the arrested woman’s phone.
It was found in her purse, but that alone wasn’t enough to prove ownership https://pamplinmedia.com/pt/9-news/496257-398078-oregon-supreme-court-state-can-compel-cell-phone-unlocking
Why? Supremes say the authorities never proved it was the arrested woman’s phone.
It was found in her purse, but that alone wasn’t enough to prove ownership https://pamplinmedia.com/pt/9-news/496257-398078-oregon-supreme-court-state-can-compel-cell-phone-unlocking
