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MI State Police Using Cell phone 'Extraction' Devices?

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  • #31
    G1500
    Senior Member
    • Oct 2010
    • 1825

    Originally posted by SparrowHanger
    I don't doubt you are right and I was wrong. I will try to be more circumspect as my crim law experience is pretty well limited to some aspects of federal securities law and my training is nearly ancient. Now that I have time to think, compelling one to turn over a password is akin to provideing the address where evidence is located. LE can seize evidence if they can locate it, but they cannot force one to divulge its location.
    Burden of proof is on them to prove you did something wrong. You don't have to facilitate the efforts to get the information to them.

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    • #32
      Falconis
      Senior Member
      • Feb 2008
      • 1688

      Originally posted by G1500
      Burden of proof is on them to prove you did something wrong. You don't have to facilitate the efforts to get the information to them.

      5th Amendment right? It's good to see we are expanding beyind 2A here

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      • #33
        G1500
        Senior Member
        • Oct 2010
        • 1825

        Originally posted by Falconis
        5th Amendment right? It's good to see we are expanding beyind 2A here
        Yea, one of those pesky things.

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