Date: Mon, 22 Apr 2024 02:54:26 -0500
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Subject: Re: Pro police Ninth Circuit ruling shreds several clauses of Fourth and Fifth Amendments
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On 4/21/24 3:58 PM, BTR1701 wrote:
> In article <v03mg2$ekkk$1@dont-email.me>,
>   "Adam H. Kerman" <ahk@chinet.com> wrote:
> 
>> The territory of the 9th Circuit (Alaska, Arizona, California, Hawaii,
>> Idaho, Montana, Nevada, Oregon, Washington, Guam, Northern Mariana
>> Islands, and sometimes American Samoa) is now free of pesky clauses of
>> the 4th and 5th Amendments, the ones protecting against warrantless
>> searches and self incrimination.
>>
>> Appeals Court Rules That Cops Can Physically Make You Unlock Your Phone
>> The 9th Circuit determined that forcibly mashing a suspect's thumb into
>> his phone to unlock it was akin to fingerprinting him at the police
>> station.
>> by Joe Lancaster
>> Reason
>> 4.19.2024 12:50 PM
>>
>> Note that the appellee was a parolee, but nothing about this ruling
>> truly limits it to persons who are not in prison but still under
>> sentence like probation or parole.
>>
>> The contents of a cell phone were searched without a warrant. Because
>> the phone's owner used a biometric to unlock -- thumbprint -- the court
>> ruled that the phone's owner had NO PRIVACY as obtaining the fingerprint
>> placed it in the same category as taking fingerprints at booking.
> 
> Which is why I've always eschewed the face/fingerprint unlock features.
> Always go with a code.


Unless it's a moral code, which you clearly don't have.  Oh, and what 
Verman said doesn't sound legal in the slightest.  Is there a lawyer you 
can ask for confirmation?


>> California Highway Patrol pulled over a vehicle for a window tinting
>> violation. The driver admitted to being on parole. He was handcuffed.
>> They took his cell phone. While handcuffed, they forced him to provide
>> the thumbprint to unlock the phone.
>>
>> Now, parole conditions he was subject to allow warrantless seizure of
>> electronic devices. However, unlocking the device was not a parole
>> condition.
>>
>> They found a video in which they saw blue pills which they suspected
>> were fentanyl. I guess an experienced police officer might say the pills
>> looked like contraband but I have no idea how he can claim to know what
>> contraband it is from an image. On the phone was a map to an address,
>> which they suspected was a home address. (It doesn't say they confirmed
>> with parole records that this was the man's home.) Using his own keys,
>> they entered, searched, seized drugs. The man was charged with
>> possession with intent to distribute.
>>
>> The man argued that forcibly obtaining the thumb print was a compelled
>> testimonial communication in violation of the self-incrimination clause
>> of the 5th Amendment, and because it happened while in custody, the
>> privilege against self-incrimination is jeopardized and the 4th
>> Amendment also provides self incrimination protection (from Miranda).
> 
> So if he'd used a code, none of this would have happened to him. They
> would have shouted at him on the side of the road for 10 minutes,
> demanding the code, but so long as he just kept repeating "I'm asserting
> my 4th, 5th, and 6th Amendment rights and refuse to answer questions
> without a lawyer present", there would ultimately be nothing they could
> do.