• stravanasu@lemmy.ca
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    42 minutes ago

    It is not the Graphene OS’s feature that could land a man in prison, but a fascist government.

  • FaceDeer@fedia.io
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    4 hours ago

    For example, would it be considered destruction of evidence if a defendant had written it on the back of the phone and the officers assumed it was the correct PIN? That’s just a hypothetical

    What a good idea! Hypothetically. :)

  • Telorand@reddthat.com
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    5 hours ago

    “Being prosecuted” is not the same as “being charged” or “being convicted.” It could lead to prison time, but if he’s a US citizen, the fifth amendment applies (which means you do not have to divulge passwords or information). The prosecution part is a fear and intimidation tactic being used by the fascist government, but whether it even goes to trial is another matter.

    It’s possible they’ll get him on some obstruction charge, and while I suspect this will ultimately amount to nothing, it is nonetheless scary that a hostile government exists with this much global hegemony and is still allowed to use a paramilitary extrajudicial group with virtual impunity.

    • artyom@piefed.social
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      2 hours ago

      the fifth amendment applies (which means you do not have to divulge passwords or information)

      That’s not really true but it’s also not what is happening here. The duress pin wipes the device so this is destruction of evidence.

  • zr0@lemmy.dbzer0.com
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    3 hours ago

    I believe in many countries it is punishable, if you destroy evidence, so that’s a stupid move.

    • Atomic@sh.itjust.works
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      2 minutes ago

      It depends so much on the circumstances. And they would also have to prove to some degree that it was intentional.

      I can only really speak for Sweden. They can forcibly use your fingerprint or face to unlock it. But you are under no obligation to give up a password to begin with.

      It’s also a question of if they have officially confiscated it or not.

    • floofloof@lemmy.caOP
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      27 minutes ago

      Mustn’t evidence be clearly relevant to the suspicion of a crime? If we call anything the police might take an interest in “evidence”, then in principle destroying anything could land you in prison. All the cops would have to do is declare they wanted to see the thing you destroyed.

      • HubertManne@piefed.social
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        3 hours ago

        I was talking with my wife how when you learn history they kinda say what lead up to things or why something came to be and im like. How are they going to explain this? Then one day a bunch of dicks became incrdibly stupid.

  • ImgurRefugee114@reddthat.com
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    8 hours ago

    His attorneys say border agents repeatedly demanded access to his phone and told him they did not need a warrant.

    Tunick’s legal team is now trying to have the evidence thrown out. It argues that he was questioned without being read his Miranda rights, that agents repeatedly refused his requests to speak with a lawyer, and that the phone search was an unreasonable seizure. His lawyers also say questions about child sexual abuse material were used as a pretext to investigate his alleged links to the movement opposing Atlanta’s police training center, commonly known as Cop City.

    And that’s why you always use a burner when going in or out of Nazi country, even if you live there.

    • /home/pineapplelover@lemmy.dbzer0.com
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      5 hours ago

      I’ll probably bring my wiped old graphene phone when I go through any border. Maybe just factory reset everything back to old android to not arouse any suspicion

  • henfredemars@infosec.pub
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    8 hours ago

    I’m more concerned about this case setting horrific precedence for violating the privacy of a citizen.

    We basically don’t have rights anymore as it is.

  • Suzune@ani.social
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    8 hours ago

    It’s still better to have a duress PIN/password. You can still decide, if you actually want to use it.

    In non-shitty countries no one is allowed to search your stuff without a warrant.

    Oh… and “warrantless” is an euphemism for “blanket warrant”. So be careful.