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  1. #10
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    Quote Originally Posted by curmudgeon View Post
    LEO's have made a semi-regular habit of going through people's phones during questioning in the USA as well. Every court case that I am aware of has upheld their right to do so. This issue has not been before the US Supreme Court yet, and I a m certain that it eventually will, ( and I'm not optimistic about what they would decide with the current court's track record) Meantime, don't have anything *incriminating* on your phone.
    Or encrypt your cell phone: http://www.techrepublic.com/article/...evel-security/ Then if pulled over, switch the phone OFF (or pull the battery), thus getting rid of the contents of the RAM, and protecting yourself against cold boot attacks: http://www.extremetech.com/computing...in-the-freezer

    So long as the LEOs do not ever SEE evidence of something illegal on there, they likely can't compel you to decrypt the contents. There appears to be a huge leap between when the government KNOWS about incriminating content on a device, and just can't access it (for example, if they take a phone, and see evidence of jammer usage on said phone) and when it merely SUSPECTS that there's something incriminating on there. In the former case, courts have held that you can be compelled to decrypt the contents of the device, but in the latter, the Fifth Amendment protections apply. The key is to prevent the LEOs from seeing anything incriminating in the first place.

    https://www.eff.org/press/releases/a...ced-decryption
    http://arstechnica.com/tech-policy/2...d-hard-drives/

  2. The Following User Says Thank You to awj223 For This Useful Post:

    curmudgeon (04-20-2014)

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