According to a recent Federal Court’s ruling, it is not okay for police to force suspects to unlock their phones with a passcode. Hit the jump to see why.
And, doing so would be a violation of your Fifth Amendment Rights in the US Constitution.
The ruling came as the conclusion of a case, where Securities and Exchange Commission (SEC) accused Bonan Huang and Nan Huang for conducting illegal Insider Trading.
As a result of which, the investigating agencies cannot question the suspects for giving out their smartphone passcodes or any form of encryption passwords or even their existence on the suspect’s device.
The 5th amendment is more than 200 years old, who knew in that era that it would become useful like this; for criminal proceedings against the crimes done in the Cyberspace.
However, if there are evidence that support the criminal charges on an accused, then he/she is not entitled to opt for such privilege.
Also, if the accused accepts committing a cyber crime, hides it under an encryption, and further appeals to take the fifth then he is not allowed to get that privilege.
The Fifth Amendment Says:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
So this is good news for anyone involved in criminal activity. Seriously though, knowing your rights is very important in today’s society.
