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Not being political at all, but this is something that all of us in the US need to know since we grow that evil plant cannabis! This post is for my fellow Americans!
The 9th Circuit of Appeals handed down a ruling this week that could easily impact any one of us In the US. They made a ruling on an appeal that the police can forcibly make you unlock your phone without a search warrant . And it kinda goes along with how appeals go with the 9th Circuit, this will probably be overturned if it is taken to the Supreme Court. Words do mean things and it seems the 9th Circuit did its normal ignoring of words, as it is quite evident by some of the writings in the affirmation of this ruling.
My fear is that once this makes the rounds and the Popo gets it whiff of this for this, they may try to utilize this very bad ruling, even in the districts not covered by the Ninth Circuit, to be able to search your phone without your consent and a direct violation of the 5th Amendment.
If you're thinking that this could not happen to you, this all started from a police encounter where they pulled over this guy for window tint.
It did lead to a search of the person's residence, I think without a warrant, but I could be mistaken about No warrant on that part. Nevertheless, the appeal was to Quash evidence that was found at the residence due to the illegal manner in which they acquired the information in the first place from the man's phone .
If and until this hits the Supreme Court, about the only change In my normal routine I will do is transfer my photos to my laptop or another hard drive. If there ever was a scenario where I would find myself in that position I think photos would be the first place they would go to the trying to find something And that could end the crazy encounter at that point.
If by chance you find yourself in such a situation, when the cop asks/commands to see your phone, my suggestion would be to issue the following 2 statements to the cop:
"I stand on my Constitutional 4th Amendment Right to be secure in my person, house, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
"I evoke my Constitutional 5th Amendment Right that I shall NOT be compelled to be a witness against myself, nor be deprived of life, liberty, or property, without due process of law and will not further answer any questions."
And to repeat the above if they ask more stupid questions!
I really wouldn't think twice about this ruling other than it was stupid, but after the encounter with this moron deputy sheriff outside my residence on the highway when that big tree fell across the highway in a storm we had, I'm just not going to take the chance and I'm going to be prepared. Stuff happens and you cannot predict morons! That encounter did teach me a lesson though. I should have started recording the whole incident. Especially since this cop did not have a body cam. In a lot of states, it is extremely difficult to get the body cam footage and it can also be redacted and played with.
Hopefully none of us will have to resort to this, but it's out there and you can do what you must.
The 9th Circuit of Appeals handed down a ruling this week that could easily impact any one of us In the US. They made a ruling on an appeal that the police can forcibly make you unlock your phone without a search warrant . And it kinda goes along with how appeals go with the 9th Circuit, this will probably be overturned if it is taken to the Supreme Court. Words do mean things and it seems the 9th Circuit did its normal ignoring of words, as it is quite evident by some of the writings in the affirmation of this ruling.
My fear is that once this makes the rounds and the Popo gets it whiff of this for this, they may try to utilize this very bad ruling, even in the districts not covered by the Ninth Circuit, to be able to search your phone without your consent and a direct violation of the 5th Amendment.
If you're thinking that this could not happen to you, this all started from a police encounter where they pulled over this guy for window tint.
It did lead to a search of the person's residence, I think without a warrant, but I could be mistaken about No warrant on that part. Nevertheless, the appeal was to Quash evidence that was found at the residence due to the illegal manner in which they acquired the information in the first place from the man's phone .
If and until this hits the Supreme Court, about the only change In my normal routine I will do is transfer my photos to my laptop or another hard drive. If there ever was a scenario where I would find myself in that position I think photos would be the first place they would go to the trying to find something And that could end the crazy encounter at that point.
If by chance you find yourself in such a situation, when the cop asks/commands to see your phone, my suggestion would be to issue the following 2 statements to the cop:
"I stand on my Constitutional 4th Amendment Right to be secure in my person, house, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
"I evoke my Constitutional 5th Amendment Right that I shall NOT be compelled to be a witness against myself, nor be deprived of life, liberty, or property, without due process of law and will not further answer any questions."
And to repeat the above if they ask more stupid questions!
I really wouldn't think twice about this ruling other than it was stupid, but after the encounter with this moron deputy sheriff outside my residence on the highway when that big tree fell across the highway in a storm we had, I'm just not going to take the chance and I'm going to be prepared. Stuff happens and you cannot predict morons! That encounter did teach me a lesson though. I should have started recording the whole incident. Especially since this cop did not have a body cam. In a lot of states, it is extremely difficult to get the body cam footage and it can also be redacted and played with.
Hopefully none of us will have to resort to this, but it's out there and you can do what you must.
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They were talking about this in @Cooterjuice thread the last few days.. I believe it's only if you have finger print ID if you have it password protected they need a warrant plus they also need probable cause
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