posted in Technology
GrapheneOS duress PIN could land a man in prison
www.androidauthority.com/grapheneos-duress-pin-us-prosecution-3691271/
Android AuthorityGrapheneOS duress PIN could land a man in prisonA US man is being prosecuted after allegedly using a GrapheneOS duress PIN to wipe his Pixel during a border search.
Replying to @sanitation@lemmy.today
From reading up on the laws and if what this article says is true, even if they unlocked his phone and found evidence of crimes on it, his case would be kicked to the curb as it was all an illegal search and correct procedures weren’t followed.
Replying to @GoatSynagogue@lemmy.world
Border guards do not need a search warrant to search you and your property at a crossing or point of entry. The search was perfectly legal.
Replying to @CanIFishHere@lemmy.ca
“At a crossing” means with 100 miles of any border or port of entry. Which is about 67% of the country. It is complete bullshit of a policy.
Replying to @kryptonianCodeMonkey@lemmy.world
I’m not an expert, but I don’t believe that applies to airport points of entry. Regardless, if you’re going to something as suspicious as wiping your phone while at a point of entry, consulting a lawyer beforehand is just a reasonable thing to do.
You may think some laws are bullshit, (ie: sovereign citizens) but you are still governed by those laws.
All I am saying is be informed.
Replying to @CanIFishHere@lemmy.ca
Yeah it’s like having never had a single sip of alcohol but doing a u-turn and driving off when you see police doing mobile breathalysers. It looks suspicious as fuck, and the police will treat it as such until they’ve investigated and found you didn’t do anything wrong. You’re basically giving them “probably cause”.
Replying to @GoatSynagogue@lemmy.world
You mean probable cause, not “probably cause”. And what you described, evading a sobriety checkpoint, gives them reasonable suspicion, not probable cause. Reasonable suspicion amounts to articulable facts of observation that reasonably lead them to suspect you may be committing/have committed/were about to commit a crime (like apparently fleeing from a police breathalyzer check). It grants them the power to detain you for a reasonable time for the purposes of investigating to confirm or assuage their suspicion.
Probable cause requires actual evidence that a specific crime has been committed, that you committed it, and that evidence is secured. It is the standard needed to A) arrest you or issue a warrant for your arrest, and B) issue a search warrant for your property if evidence connects it to the crime in question in order to gather more evidence. (Note: They may do an inventory search of your person if arrested, and an inventory search of your vehicle if towed due to your arrest. This is limited in scope. A full search requires a warrant.)
Reasonable suspicion is a much lower standard than probable cause.