News for hackers. Stuff that matters.
Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @09:29AM (#28956944)
Formally the police can't demand a lot of stuff. Informally, they'll put you in a room and tell you that they have the legal right to keep you anywhere from 24 to 72 hours in there and they definitely can make you reconsider during that period -- to put it very mildly. Hint: some cops are really good in the skill of inflicting pain to people without lasting medical trace to prove it afterwards.

Until there's true accountability and 100% transparency, these legislations and/or idealistic slogans don't mean much.

Technically airport security can't make you unlock your phone in many countries as well but I've known two former colleagues who were "convinced" to do so in the airport's back room; the one where problematic passengers are held for 8-24h.

So yeah, thanks for nothing -- namely for stating the ideal theoretical state of things -- but a lot of people out there need actual real-time protection, on the spot. Address that.

"Raising awareness" doesn't work on ruthless cops. I guess that's a mind-blowing revelation to many Westerners.

Re:Police can’t demand you reveal your phone passcode then t... by 63 on Friday October 22, 2021 @09:35AM (#28957021)
It's crazy to me the amount that people who have never dealt with the cops think "I'll just show them x legal code so they can see they don't have the right to do that." Turns out, they don't care. For minor infractions, they'll use whatever intimidation and coercion they want, then make you feel lucky for letting you out because they didn't feel like prosecuting. In most circumstances, the word of the person with the most power is law, regardless of what the actual law says, and usually that's the guy in the uniform with the gun.
Re:Police can’t demand you reveal your phone passcode then t... by dnautics on Friday October 22, 2021 @10:42AM (#28957840)
Though that's not really the point of those things in the legal code; the point is not for you to stop a cop from doing it at the point of abuse, but for you to have a legal arm to sue the fuck out of them afterwards, or to get a pass out of jail because the cops violated procedure. Yeah, it sucks for you, but it's supposed to be a deterrent to prevent cops from abusing their power in the future.

Now, that obviously that is not super effective for other reasons (QI; courts - an agent of the state - being overly deferential and siding with the state; etc.).

Re:Police can’t demand you reveal your phone passcode then t... by voakbasda on Friday October 22, 2021 @10:51AM (#28957977)
The problem with expecting accountability is that system will fail you at the next step: the courts. You have to survive that process too, where the judge and prosecutor will believe the cop nine times out of ten. As a sitting federal judge once said, “truth and justice have no relevance; it is a court of law.” The law will take the side of the system.
Re:Police can’t demand you reveal your phone passcode then t... by kingcharles on Friday October 22, 2021 @12:15PM (#28959048)
This. The police will lie and the judge will take their word. In my case the police said they can break 2048-bit AES encryption easily and as a backup could unsolder the chips (they didn't say which chips) and put them in another device to get the data. The judge believed it all. The police had no qualifications in computer science or encryption.
Re:Police can’t demand you reveal your phone passcode then t... by godelski on Friday October 22, 2021 @12:33PM (#28959307)
This is a bit insane. You mention in another comment you spent 8 years in jail because you didn't give your password. Does a judge not connect the two things and say "okay, well why haven't you done that then?" Seems like if they could (I know they can't) then they would be wasting everyone's time.
Re:Police can’t demand you reveal your phone passcode then t... by kingcharles on Friday October 22, 2021 @01:48PM (#28960268)
The law is a bit complicated. I did give up my password when they threatened my wife. The judge ruled they obtained my password by coercion so they weren't permitted to use it. But then they came forward and said they would have eventually cracked my encryption anyway as they can crack 2048-bit AES easily, and even if they couldn't have cracked the encryption they would have unsoldered the chips (which chips?) and put them in another device and got access that way. The judge said in that case you can use the password you got through coercion because you would have got in anyway. That is allowed by the law, in the USA at least.
Re:Police can’t demand you reveal your phone passcode then t... by godelski on Friday October 22, 2021 @05:49PM (#28963183)
I assume that your lawsuit is that they couldn't have actually done that? Honestly sounds like a shitty judge. That's fucked up (even if you did something fucked up).
Re:Police can’t demand you reveal your phone passcode then t... by dnautics on Friday October 22, 2021 @10:58AM (#28958067)
> The law will take the side of the system

>> courts - an agent of the state - being overly deferential and siding with the state

I am highly cynical about this methodology but it DOES work for the group, even if it is inefficent at it (and progressively getting more inefficient). Over the long run cops learn that they can't do X or Y, except for a few "new" abuses (e.g. civil asset forfeiture) we are probably better off than we were 50 or 60 years ago. At some point if we get too inefficient about it (which we may have already crossed), though, the equilibrium change will move towards regression since it is a cat-and-mouse game to some degree; cops are clever and talk to each other to strategize against protections, too.

Re:Police can’t demand you reveal your phone passcode then t... by andrei_says_ on Friday October 22, 2021 @01:20PM (#28959954)
> cops are clever and talk to each other to strategize against protections, too.

Like playing popular music while being recorded by bystanders so that the videos get taken down for copyright infringement.

Re:Police can’t demand you reveal your phone passcode then t... by jimbob45 on Friday October 22, 2021 @11:28AM (#28958444)
You're being unnecessarily negative here. You're claiming that the system is broken wherever it could possibly be broken as evidenced by...your own paranoia.

If you want to suggest an alternative, you have a captive audience including myself. Otherwise you're just fearmongering to fearmonger.

Re:Police can’t demand you reveal your phone passcode then t... by nosianu on Friday October 22, 2021 @01:11PM (#28959829)
> as evidenced by...your own paranoia.

You just blatantly ignored years and years of news in all media and occasionally even here.

Usually I'm against posts making claims without adding a link, but please, this stuff has been all over sooooo many times, and singling out a few random examples doesn't do it justice.

You could start with long the Washington Post series about civil asset forfeitures to begin with something that is not just one case: https://www.washingtonpost.com/sf/investigative/collection/s...

As for individual examples, I only follow major news sources and I see posts about such cases several times every single week, have been seeing it for years. I would have to intentionally ignore the news to not see them all. I don't even want to see them since I can't do anything about it anyway and since I already read more than enough by now so making my day worse has no benefit any more if I read <yet another piece. But I can't even avoid it. So I don't understand at all where you are coming from claiming

> You're being unnecessarily negative here.

All the evidence points to it being realism and not. Sometimes it's reality that is "being negative".

Re:Police can’t demand you reveal your phone passcode then t... by jimbob45 on Friday October 22, 2021 @02:03PM (#28960447)
The claims I was responding to were

>not super effective for other reasons (QI; courts - an agent of the state - being overly deferential and siding with the state; etc.).

and

>The problem with expecting accountability is that system will fail you at the next step: the courts. You have to survive that process too, where the judge and prosecutor will believe the cop nine times out of ten. As a sitting federal judge once said, “truth and justice have no relevance; it is a court of law.” The law will take the side of the system.

The claims here are that cop malfeasance against US citizens will go unpunished because courts will pardon the cop under any circumstances, specifically because the "judge and prosecutor" will pardon the cop.

However, judges/prosecutors don't actually find citizens guilty - juries do. Furthermore, the defendant has a direct stake in how the jury is selected via their own attorney during voir dire. Therefore, the claim that judges/prosecutors will specifically pardon the cop doesn't hold water.

Furthermore, the claim that intimidation are coercion are viable strategies for the cops is bold in the face of bodycams during arrest and security cams during interrogation. Those two combined eliminate 99% of a cop's ability to harass or harm a suspect and not face repercussions.

So, the individual made two claims that don't stand up to scrutiny and did not offer an alternative that would solve their claims.

As for your claims of a preponderance of evidence, I've seen only anecdotal evidence over the past few years. The most evidence I've seen of system violence are the BLM riots and the crime statistics showing that African-Americans commit 52% of murders in the US[0].

[0]https://www.informernet.com/opinion/how-to-respond-to-africa...

Re:Police can’t demand you reveal your phone passcode then t... by kingcharles on Friday October 22, 2021 @12:14PM (#28959023)
I just spent 8 years in jail waiting for the judge to rule on whether the police could use my password.

Always try to stop the police at the point of abuse.

Re:Police can’t demand you reveal your phone passcode then t... by sp332 on Friday October 22, 2021 @11:25AM (#28958420)
Doesn't the settlement money just come from taxes?
Re:Police can’t demand you reveal your phone passcode then t... by dnautics on Friday October 22, 2021 @12:07PM (#28958921)
file under "other" reasons. To be sure, the governments don't want to keep getting sued so they start putting in policies to mitigate damage, but it is a source of inefficiency. It's also too easy for state and locals to float bonds and go into debt to cover these things, push the payoff problem to a future generation of voters/future generation of immigrants into the city. If there were a real hammer up against their heads (say, if municipal bonds and state bonds were outlawed), the efficiency would go up.
Re:Police can’t demand you reveal your phone passcode then t... by kingcharles on Friday October 22, 2021 @12:19PM (#28959088)
Getting sued is just seen as a cost of business for the government. Having sued and won against the government I have seen that 99% of the time they do not change policy to avoid getting sued again. I'm currently suing the government for violating the Constitution in a case they already lost a couple of years ago and didn't fix the problem and just kept committing the violations.
Re:Police can’t demand you reveal your phone passcode then t... by dnautics on Friday October 22, 2021 @12:45PM (#28959482)
You're right most of the time. But eventually some things change. I never said it was efficient as it is.
Re:Police can’t demand you reveal your phone passcode then t... by soperj on Friday October 22, 2021 @12:14PM (#28959024)
Hard to sue people when you're dead.
Re:Police can’t demand you reveal your phone passcode then t... by oogali on Friday October 22, 2021 @09:51AM (#28957180)
A former colleague summarized this as "you can beat the rap, but you can't beat the ride".

Meaning, your exit via means of reciting legal code matters in a court room or in front of a prosecutor, but it won't get you out of the ride to the police station -- or in this case: a trip to the coercion back room.

Re:Police can’t demand you reveal your phone passcode then t... by 35fbe7d3d5b9 on Friday October 22, 2021 @10:03AM (#28957305)
I listened to a legal symposium once that was held by lawyers who specialize in self defense/use of force. Think "I have a concealed weapon and I killed someone in self defense - now what?"

They all agreed that their clients worry far too much about being arrested. Their legal advice was unanimous: you just took someone's life, you are absolutely going to be arrested, nothing you could possibly say will change that. But if you say the wrong thing to the arresting or investigating officer, you are at risk of derailing your legal strategy.

A night or two in jail won't change your life, but what you say to the police absolutely can. So shut the fuck up until your lawyer gets there, and then stay shut up until your lawyer tells you otherwise.

Re:Police can’t demand you reveal your phone passcode then t... by Klathmon on Friday October 22, 2021 @10:30AM (#28957684)
>A night or two in jail won't change your life

A night or two in jail absolutely can change your life.

A night or two in jail means not being able to pick your kid up from daycare or take care of pets/family, A night or two in jail means missing work without any notice. Hope your boss is understanding, because if you lose your job you're on your way to losing everything.

A night or two in jail means you now need enough in savings to get your car out of the impound lot, pay bail if needed, pay for a lawyer, and have a couple of years to spend on defending yourself in court or you might actually go away for a longer time.

A night or two in jail means having an arrest record, if you live in a state with "sunshine laws" you'll forever get extortion calls about how they'll remove your mugshot and information from their website for $500. That makes getting future jobs harder, or you need to spend even more time and money getting the records sealed/removed.

And that's not even touching on the physical toll that being arrested and treated like sub-human has on you. Being shoved to the ground, physically thrown into a cell, fearing for your life while multiple guns are pointed at your head knowing you are one misunderstanding away from dying, getting tazed while multiple cops laugh and yell for you to stop resisting.

Re:Police can’t demand you reveal your phone passcode then t... by ceejayoz on Friday October 22, 2021 @10:34AM (#28957725)
> A night or two in jail absolutely can change your life.

I think the idea is "you're (probably) not going to talk your way out of that night in jail if it's a homicide scenario".

(And that you might talk yourself into a much longer stay in trying to do so.)

Re:Police can’t demand you reveal your phone passcode then t... by abfan1127 on Friday October 22, 2021 @10:59AM (#28958077)
now, in addition to that, imagine not shutting up, saying the wrong thing, and getting thrown in prison for 5-10 years. Relatively speaking, all of what you mention is a "walk in the park". It doesn't make it ok, it doesn't make to fun. It doesn't mean we don't need reform.
Re:Police can’t demand you reveal your phone passcode then t... by atdrummond on Friday October 22, 2021 @10:37AM (#28957758)
My takeaway from the post you were replying to is that these individuals - the ones who have not just lawyers but self-defense lawyers, prepared in advance - are the type of persons who can weather the storms you describe that would be absolutely debilitating for the typical person/family.
[dead]
Re:Police can’t demand you reveal your phone passcode then t... by banannaise on Friday October 22, 2021 @01:04PM (#28959726)
"Hey, this well-known rich white guy isn't getting abused by the cops, this must mean the cops don't abuse people!"
Re:Police can’t demand you reveal your phone passcode then t... by revolvingocelot on Friday October 22, 2021 @11:35AM (#28958513)
"the process is the punishment"
Re:Police can’t demand you reveal your phone passcode then t... by quacked on Friday October 22, 2021 @09:40AM (#28957069)
You're absolutely right, and it's insane that people don't realize this. So many people that want police reform in the US think that somehow we can continue to let the police be mostly made up by people with a certain political persuasion and education level, and that we can simply control them with laws and incentives.
Re:Police can’t demand you reveal your phone passcode then t... by fennecfoxen on Friday October 22, 2021 @10:08AM (#28957352)
Of course you can't control them with laws. The prosecutors are their allies, the courts are their enablers, and Qualified Immunity is all but carte blanche to ignore laws.
Re:Police can’t demand you reveal your phone passcode then t... by quacked on Friday October 22, 2021 @10:30AM (#28957675)
This is obvious to me, but it seems to be lost on many people who want to change how police work is done. It's like saying that chefs ought to be responsible for punishing each other when they spit in people's food.
Re:Police can’t demand you reveal your phone passcode then t... by sethammons on Friday October 22, 2021 @10:02AM (#28957292)
> political persuasion and education level

Sorry, I'm not following. My understanding is that the job attracts bullies and I see bullies from all political persuasions and all education levels.

Re:Police can’t demand you reveal your phone passcode then t... by quacked on Friday October 22, 2021 @10:27AM (#28957641)
The police job attracts most people who do not have a college degree, are white, and lean into conservative/justice-heavy politics. Many of those people are bullies. That doesn't mean anything about people that do not have a college degree, or white people, or conservative/justice-heavy politics, it just means something about the police job and the people who agree to take it. We're looking at probability of (white AND lower college education) given (bully AND police officer), not probability of (bully) given (white AND low college education).

The closer you get down to beat-cop-that-interacts-with-citizens, the less likely you are to find a four-year degree or "conventionally liberal" beliefs. (Not that a college education or liberal beliefs confer any useful predictors about common sense, wisdom, ethical beliefs, or honesty.) This implies that anyone with a four-year degree and conventionally liberal beliefs is going to have a hard time understanding or influencing police officers by using any tactics that work on other liberal college graduates.

I agree with you that there are bullies from all political persuasions and education levels, but a very specific type of aggressive personality self-selects into the police job at a higher rate than in other jobs that require a similar background. Additionally, even if 99% of police officers in the US weren't aggressive and weren't bullies, that still leaves 10,000 "bad cops". It doesn't take many "bad cops" to make people angry and uncomfortable with the police in general.

In case my original message wasn't clear, I'm actually criticizing U.S. supporters of police reform for wanting police work to be perfect and ethical without actually volunteering to become police themselves. These (mostly left-leaners) entrust the enforcement of civil society to a group of people who mostly don't respect or agree with them, which is ineffective and hypocritical.

Re:Police can’t demand you reveal your phone passcode then t... by grasshopperpurp on Friday October 22, 2021 @11:12AM (#28958247)
Agree with a lot of your points, but I think you're asking for an unrealistic amount of self-sacrifice. Not to equate film to rl, but we're all familiar with Serpico, right? You think these power-hungry bullies are just going to let you infiltrate their gang and make changes for the greater good?

Maybe you're talking about leadership/management positions? But, even then, you're talking about one of the stronger unions in country and a group of employees who will fight your attempts at progress.

Again, I agree with just about everything else, and there isn't an easy solution, but I think your criticism is either unclear or misplaced.

Re:Police can’t demand you reveal your phone passcode then t... by quacked on Friday October 22, 2021 @01:25PM (#28960005)
It's interesting that you focused on leadership/management as an option--no, I actually really am talking about going to the academy, learning about escalation of force, patrol work, and basic procedural law, and then manning the city streets.

I'm not expecting left-leaners to go in and "take down the corrupt cops from the inside", just to go in and do police work. Most cops that get away with murder don't appear to be nakedly corrupt or part of an overt/explicit conspiracy to commit murder and theft; they're just incompetent, malicious, and protected by the brotherhood.

I have the same criticism of left-learners in other fields, like business and engineering. I come from a very left-leaning community and family; they will talk up one wall and down the other about things like bank loan disparity, police response disparity, treatment by retail employees disparity, etc. but very few of them actually consider becoming a loan officer or a police officer or a grocery store owner and then choosing how to treat people that would normally be treated poorly. People in my familial and social circle want to work $70-100k white collar administrative jobs and tell everyone else how to run society, when it would be far more effective if everyone with their same viewpoints simply become part of society and ran it themselves.

More self-sacrificial behavior and working in "real" jobs would also solve a lot of problems with what I saw as a flaw in liberal/left thinking. It's hard to be friendly and forgiving to thieves and violent robbers when it's your retirement plan that's getting jacked up twice per year and losing a third of profit to theft and another third to taxation.

Re:Police can’t demand you reveal your phone passcode then t... by AnthonyMouse on Friday October 22, 2021 @12:33PM (#28959302)
> The police job attracts most people who do not have a college degree, are white, and lean into conservative/justice-heavy politics.

12.4% of police officers are black, compared to 11.9% of the US population. "White" is slightly over-represented as well. Both of these are mainly a result of "Other" and especially "Asian" being significantly under-represented.

The primary disparity is by sex. 84.5% of police are male.

https://datausa.io/profile/soc/police-officers

The percentage of police officers with a four year degree is ~30%, about the same as the adult general population.

Re:Police can’t demand you reveal your phone passcode then t... by quacked on Friday October 29, 2021 @10:38AM (#29038959)
Despite the fact that racial proportions match up fairly well with the population, I still have a very hard time believing that personal politics and intelligence/education levels match up with the population as well.
Re:Police can’t demand you reveal your phone passcode then t... by bmn__ on Friday October 22, 2021 @01:09PM (#28959796)
If the US were to adopt the requirement of a police candidate having an A-level (or whatever the local equivalent is called, I can't figure it out), I predict the problem would solve itself within a generation. This requirement is not just an idea, but tried-and-working policy elsewhere.
Re:Police can’t demand you reveal your phone passcode then t... by splitstud on Friday October 22, 2021 @07:05PM (#28963840)
And it's a requirement, or highly preferred in a lot of US jurisdictions as well.
Re:Police can’t demand you reveal your phone passcode then t... by banannaise on Friday October 22, 2021 @01:06PM (#28959758)
Good cops become bad cops, fired, or dead. None of those things are helpful. You can't change the system from within, especially not starting at the bottom.
Re:Police can’t demand you reveal your phone passcode then t... by genericuser314 on Friday October 22, 2021 @11:02AM (#28958114)
Based on political contributions, police officers have donated their money to Democrats and Republicans almost in equal proportion for quite awhile... until 2018, when they became overwhelmingly Republican.

https://archive.md/bacrC#selection-1400.0-1404.0

Re:Police can’t demand you reveal your phone passcode then t... by quacked on Friday October 22, 2021 @01:15PM (#28959892)
What about based on internal beliefs and voting patterns? A "police" administrator at the city level is liable to donate a lot more money than a rural patrolman.
Re:Police can’t demand you reveal your phone passcode then t... by goodpoint on Friday October 22, 2021 @11:57AM (#28958775)
> I see bullies from all political persuasions

Absolutely not in equal amounts. The far right loves to infiltrate police forces while the far left is often very untrusting of the police.

Re:Police can’t demand you reveal your phone passcode then t... by quacked on Friday October 22, 2021 @01:17PM (#28959911)
I think the commenter you're responding to was just mistaking my assertion that most bad cops match a particular demographic due to the type of person to become a cop for an assertion that you can tell someone will be a bully if you know what their demographics are.
Re:Police can’t demand you reveal your phone passcode then t... by macintux on Friday October 22, 2021 @10:04AM (#28957323)
I think the recently-departed administration in the U.S. has done a good job of helping bullies self-select themselves into its party.
Re:Police can’t demand you reveal your phone passcode then t... by quacked on Friday October 22, 2021 @10:31AM (#28957691)
I find that bullies can be found in equal proportions in both parties, but I do agree that the type of bully who is willing to walk the street with a gun in the name of justice does have a more welcoming home in one major party than the other.
Re:Police can’t demand you reveal your phone passcode then t... by aksss on Friday October 22, 2021 @01:35PM (#28960111)
You should talk to some homicide detectives, or even the people who deal with the day-to-day issues at the street level in downtown areas. The things they see on a regular basis are pretty mind-blowing, and not just per-incident, but cyclically and systemically. Their perspective on government policy and it’s effects are far different than ours by the nature of their jobs. That is a partial factor in how they vote and how they donate, particularly as of late.

Their life experience is dealing with the disproportionately bad aspects of society, just like you probably have a disproportionately good existence. There are assumptions and biases that come from both these exposure models.

And maybe it’s just a problem with their delivery, but if you hear a political party (unfortunately the loudmouth fringe more often than not) incessantly talking about how you suck, should be presumed to be an evil murderer, and advocate policies that you feel put your daily safety at further risk, you might rethink your donations and voting history as well. Not defending the bad cultures and actors whatsoever, but there’s more room for nuance in discussing the issues we have policing this large, individualistic, culturally heterogenous, heavily medicated and critically unmedicated country. The problem is a hard one, so easy simple answers should be viewed with skepticism. There is no “just do what Norway does” answer to the problem that can be made in good faith.

Re:Police can’t demand you reveal your phone passcode then t... by quacked on Friday October 22, 2021 @05:06PM (#28962720)
Oh, I completely agree with you. My views on police are mostly based on first-person reports or bodycam footage of what detectives, highway patrol, etc. have encountered. I also have some personal experience with witnessing a violent arrest up close, and was incredibly grateful for the police in that instance. People who pitch hardcore police reform have absolutely no idea what the police deal with, and their childish demands to "abolish the police" are missing a ton of context about the depths of depravity and evil that exist within society.

I don't think that necessarily factually disqualifies anything I said already, though. The police are a necessary branch of the state monopoly on violence, but right now in the U.S. I don't think the demographics and tendencies of the police force line up with our collective expectations for transparency, honesty, trust, and justice. There are too many opportunities for intimidation and corruption that are taken and defended.

Edit: Also you're completely correct about one political party listening to and supporting the police.

Re:Police can’t demand you reveal your phone passcode then t... by macintux on Friday October 22, 2021 @07:52PM (#28964255)
> … one political party listening to and supporting the police.

Well, not the Capitol Police.

Re:Police can’t demand you reveal your phone passcode then t... by melony on Friday October 22, 2021 @11:39AM (#28958563)
Too much of legal procedures relies on 'discretion' rather than protocol.
Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @09:47AM (#28957136)
Yep. My philosophy is to always cooperate (unless they ask for something super egregious) and show myself as friendly. This immediately reduces the alarms in their heads. I even say things like "sure guys, here are my docs, here are the contents of my backpack, hope you catch the guy you are after" and smile.

Very often the mere fact that you are not trouble makes them pay less attention and the whole thing ends really quickly.

Re:Police can’t demand you reveal your phone passcode then t... by dTal on Friday October 22, 2021 @10:35AM (#28957736)
This isn't some kind of cunning hack, it's literally what they're trying to accomplish by being bullies.

Society needs people to stand up to the police when they exceed their legal remit, or they will continue to exceed it. I won't blame people for choosing personal convenience over the good of society, but we should be clear that that is the choice being made.

Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @10:42AM (#28957847)
I am 100% clear on it and it's indeed a conscious choice towards the path of the least resistance.

I don't like it anymore than you do, I am simply a realist that I can't change the reality of a lot of cops being bullies.

It's a "partial hack" only insofar as it's making them drop their guard and look to finalize the interaction quicker. I've seen these people's faces up close; they are on the edge and any non-cooperation will push them to physically abuse you or even drag you to the station. So I found a way to make them not think of me as a threat, even if two of the times when it happened I had not a minute to waste.

And sadly, when it comes to "people must stand up", it's never us. Always has to be somebody else. Sigh.

Re:Police can’t demand you reveal your phone passcode then t... by voakbasda on Friday October 22, 2021 @10:56AM (#28958047)
Standing up to a bully is asking to be punched in the face. Cops can make your life difficult. And they will.
Re:Police can’t demand you reveal your phone passcode then t... by ddingus on Friday October 22, 2021 @05:15PM (#28962831)
Agreed.

Having faced potential costs associated with exercising rights, I must say it can go very bad, very quick.

Done right, even when it does go bad, means a likely win in court.

In my case, preventing warrantless home entry involved:

Personal beating, like ouch! People will notice it happened to you type ouch!

An evening in holding.

Long walk home. (I could have gotten a ride, but was a mess mentally and just walked 10 miles.

A few thousand for a defense attorney.

10 court appearances called for at expensive and tiresome times.

Trial.

Tort to recover fees.

Personal unease for about 6 months while it all played out.

Not recommended.

Unless it is worth it. In my case it was more than standing on principle.

Finally, public defenders are not generally what you want in rights violation type scenarios. Be ready to pay up for experienced representation.

Be ready to take the ride, take the beating, pay the money, lose the time.

Re:Police can’t demand you reveal your phone passcode then t... by ddingus on Friday October 22, 2021 @05:04PM (#28962707)
There is a lot to be said for a little charm and candor.

I do this too, and will flip the switch in a second if it looks like it will go bad.

One other way to improve ones police interactions is to have one go really bad, then win in court.

Happened to me, and I lack time to tell the tale fully.

Basically, I came home to my family all angry. I sent everyone to their rooms, wife included lol, and stepped onto my porch to have a smoke and think it through.

Sidebar: I really miss that, and am a non smoker today.

Three officers walked up and made demands to enter my home, which I denied and they beat my ass and took me to jail. And it was a non trivial beating.

What they expect is for people to plead down, and I took it to trial and was found not guilty.

Ever since, I have great interactions...

Re:Police can’t demand you reveal your phone passcode then t... by shwoopdiwoop on Friday October 22, 2021 @10:14AM (#28957440)
This is terrible advice.
Re:Police can’t demand you reveal your phone passcode then t... by thehappypm on Friday October 22, 2021 @10:24AM (#28957577)
It is and it isn't, there are circumstances where the best outcome is to be helpful and compliant, and other circumstances where you'll want to protect yourself from search.
Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @10:28AM (#28957647)
Absolutely, if I travel with a company laptop and I am asked to unlock it I'll outright refuse and cite that I can and will be sued by my employer if I unlock it, and will direct the airport security to my employer's legal team.

I don't want to open myself up for litigation so I'll definitely put up a fight in this case.

Re:Police can’t demand you reveal your phone passcode then t... by gkop on Friday October 22, 2021 @10:38AM (#28957775)
Would you say more about your employer suing you if you cave under pressure and unlock the laptop? That sounds to me like your employer is asking a lot of you! Or, if you are bluffing to security about the suing, why are you putting your personal safety on the line to protect your employer?
Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @10:47AM (#28957911)
It's a weighing of risks, really. I don't value neither airport security or my employer's secrets as highly as my own safety but will weigh in the risk as the situation develops.

If I am asked to accompany them to the dark room I'll just give up, unlock the laptop, hand it to them and then quietly inform my employer's legal team that a potential security breach has occurred (after I get safely to a hotel).

I really don't want to spend time in jail because of a nervous cop.

Re:Police can’t demand you reveal your phone passcode then t... by gkop on Friday October 22, 2021 @10:54AM (#28958024)
Very prudent. Thanks.
Re:Police can’t demand you reveal your phone passcode then t... by genericuser314 on Friday October 22, 2021 @11:08AM (#28958205)
Anecdotally, I can confirm that my employer requires me to:

1.) Not allow my phone to be unlocked by fingerprint/face.

2.) Not carry USB sticks or similar portable storage devices on my person, to only transport them by courier.

3.) Not unlock my computer for anyone, including the police, unless directed to by our compliance office.

Or it's breach of contract and they can reclaim part of my compensation. I don't work on anything exciting, just Big medical data.

Re:Police can’t demand you reveal your phone passcode then t... by gkop on Friday October 22, 2021 @11:30AM (#28958470)
Yikes, I hope you are well paid! (Re: 1 and 3. 2 is table stakes in this day and age. In fact re: 2, would you be willing to share a scenario that calls for sneakernet by courier vs a network storage/transfer?)
Re:Police can’t demand you reveal your phone passcode then t... by tyler569 on Friday October 22, 2021 @01:16PM (#28959905)
Interesting that your employer would be so zealous about it, my employer's written policy is "Always cooperate with security/customs. If they want your computer unlocked, unlock it. Your safety is more important than our secrets, just call corporate security when you're released."
Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @01:27PM (#28960024)
Yeah, they kind of said that too, with the addition of "resist for a bit, don't immediately comply, only back off if there's no choice". But yeah, I get what you're saying. Don't think I'll ever sign such a contract again though.
Re:Police can’t demand you reveal your phone passcode then t... by lr4444lr on Friday October 22, 2021 @12:31PM (#28959275)
Your employer has no grounds to sue you with no tangible damages. Unlocking your computer for an airport security meat head isn't gonna compromise your employer's trade secrets.
Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @12:43PM (#28959436)
They might have no grounds per se but when they make you sign a contract stating that they do, then they do. I shouldn't have signed it, I know, but I haven't planned on traveling anyway so didn't care at the time.
Re:Police can’t demand you reveal your phone passcode then t... by letitbeirie on Friday October 22, 2021 @10:36AM (#28957752)
Depends on the context.

If you're not on their radar, being polite and forgettable is a great way to stay that way.

If you're already in custody, anything you say while being friendly can and will be used against you in court, so your vocabulary should probably be limited to the word "lawyer."

Re:Police can’t demand you reveal your phone passcode then t... by bentcorner on Friday October 22, 2021 @01:38PM (#28960157)
The problem starts when being polite and forgettable puts you on their radar. Police look in your backpack, and hey - it's a bike lock just like the one that was used to assault someone down the block a few minutes ago! You look about the right height. Which direction did you say you were coming from again?

Some situations can be lose-lose. Best you can do is don't talk to the police, and if you absolutely must, say as little as possible and don't lie.

Re:Police can’t demand you reveal your phone passcode then t... by giantg2 on Friday October 22, 2021 @10:31AM (#28957693)
In some instances maybe, in others it might be good. It can also be a gamble.

If you're afraid for your safety or they are clearly overstepping their bounds, then complying and fighting it in court is basically the only option (even though it's possible you still get screwed). Otherwise, knowing an asserting your rights can be good, but you have to hope the cop isnt unhinged, dirty, or totally incompetent.

Re:Police can’t demand you reveal your phone passcode then t... by polynomial on Friday October 22, 2021 @11:14AM (#28958267)
Are you from Tivoli?
Re:Police can’t demand you reveal your phone passcode then t... by cogman10 on Friday October 22, 2021 @12:46PM (#28959495)
You can't talk yourself out of being arrested. This is why the advice of "keep your mouth shut" is the best advice out there.

https://oakleylawky.com/am-i-being-detained-6-questions-you-...

Re:Police can’t demand you reveal your phone passcode then t... by ALittleLight on Friday October 22, 2021 @11:42AM (#28958599)
My first interaction with the police was in college. I had locked my bike to a bench near the student union. Might have been obnoxious, probably shouldn't have, but it was also very common for students to lock bikes to those benches. Someone from the University's parking and transportation department had come by and double locked my bike with a notice saying it would be impounded and I'd have to come by the Parking and Transportation office to pay a fee and pick it up.

It didn't seem right to me that I would have to pay a fee for something that everyone did and that wasn't counter-indicated anywhere I was aware of. I did a little reading and discovered what I thought were two relevant city ordinances! I forget the exact language of the ordinances but it was something like "There needs to be a visible sign prohibiting locking bicycles in the area or to the fixtures to issue citations" and "Citations should be issued by police officers only who should be specifically named in the citation." I thought both of those applied to my situation as my citation was issued, not by an officer, but just generally by the Parking and Transportation department and there were no signs about not locking your bikes to benches.

I made the case to the woman behind the desk at the parking and transportation department. She was unmoved and insisted I had to pay the fine to get my bike back. I tried arguing along the lines that taking my bike against my will and in disagreement with the law was basically theft. She countered by saying that if it was theft I should call the police. When I repeated the accusation that it was theft she slid her desk phone across to me and told me to call the police again. Writing this, it seems crazy to me that I actually did - but I found it hard to back down in the moment and thought I was in the right on a legal basis. So, I called the non-emergency number for the campus police and explained the situation. The police person told me they'd send someone by.

A few minutes later a couple of cops showed up and asked to speak to me outside. I stepped outside with them and tried to explain the situation. Pretty quickly, before I even got into my legal arguments, one cop said "We got a call that you were disturbing the peace in there. That you were threatening people and acting violent." The second cop stepped extremely close to me, coming face to face in a threatening manner and asked me something like "Why are you threatening people?"

It was, first, completely untrue. I had never raised my voice or been threatening. I actually enjoy such arguments and I had been having a good time trying to rescue my bike. The Parking and Transportation Department woman had been unamused and maybe a little cynical or dry, but certainly never acted like there was a threat of any kind or like I was being hostile. And, of course, ultimately, I knew they were lying because I was the one who had called them and I definitely hadn't reported myself as causing a disturbance or being violent.

Realizing they wouldn't help me, I thanked the police for their service and left. From their perspective, they probably felt they had solved the problem. They got called over a problem and they made the problem go away. I've always felt the situation was a bit galling but looking back on it I see I was navigating the system the wrong way. The police are physical problem solvers, not legal arbiters, and should not be called for non-physical problems. And, maybe I was morally wrong anyway to lock my bike there.

Re:Police can’t demand you reveal your phone passcode then t... by hellojesus on Friday October 22, 2021 @04:26PM (#28962311)
Morality has nothing to do with it. If the law says one thing and you did not violate it, no problems.

Spirit of the law is dumb and generally not applicable here from what I can tell.

Though your observation is correct. The cops don't solve these things nor do they enforce the laws properly. Suing the university or specifically the Transportation admin would have been the proper move.

Re:Police can’t demand you reveal your phone passcode then t... by BobbyJo on Friday October 22, 2021 @11:52AM (#28958725)
It's also amazing the amount of people who have never dealt with cops who think it's a giant, unthinking, unfeeling blob, and make broad generalizations about how it behaves and what its flaws are.

I've dealt with lots of cops for minor stuff (trespassing, traffic infractions, crashed parties), and have only had a bad experience (turned out fine anyway) once. I have several relatives who have been in and out of the system, and from my point of view, they were probably treated more fairly than they deserved. I get that that is not everyone's experience, but it makes me skeptical that the problem is somehow grand and structural and not just "some people are assholes."

Re:Police can’t demand you reveal your phone passcode then t... by Sohcahtoa82 on Friday October 22, 2021 @12:34PM (#28959318)
The problem is that the assholes too often don't face repercussions.

If you have the right to refuse to unlock your phone for a cop, then a cop that demands it even after the suspect has actively refused it should be reprimanded.

The meme of "We investigated ourselves and found no wrongdoing" runs rampant because it's often true. Police have literally gotten away with murder, either because the DA or whoever decides to not press charges, or the prosecution literally sabotages their own case to protect the police, as in the case of the shooting of Daniel Shaver, where the prosecution and defense attorneys asked the judge to not show the bodycam footage to the jury [0]. Anybody who's seen that video knows how damning it was, and it's absolutely reprehensible that a prosecutor would want to not show it to the jury. What made it so much worse was that the police department released the video only a couple hours after the trial had completed with the Not Guilty verdict.

https://en.wikipedia.org/wiki/Shooting_of_Daniel_Shaver#Body...

Re:Police can’t demand you reveal your phone passcode then t... by ineptech on Friday October 22, 2021 @12:19PM (#28959098)
Every profession has abusive people; it's a structural issue when a profession can't or won't weed them out.
Re:Police can’t demand you reveal your phone passcode then t... by lr4444lr on Friday October 22, 2021 @12:27PM (#28959210)
What profession has an effective method of weeding out abusive people?
Re:Police can’t demand you reveal your phone passcode then t... by Sohcahtoa82 on Friday October 22, 2021 @12:38PM (#28959366)
This is 100% a bad faith question. And even if it's being asked in good faith, it's entirely irrelevant. It's essentially whataboutism. But I'll address it anyways.

If I have an abusive co-worker in my tech job and my manager and HR refuse to do anything about it, it just makes work suck.

But an abusive cop ruins lives with bullshit charges and bullshit handling of innocent people. In worst-case scenarios, they're murderers that get away with it.

So yeah...it's a pretty clear distinction, and I refuse to believe you're asking this question in good faith.

Re:Police can’t demand you reveal your phone passcode then t... by lr4444lr on Friday October 22, 2021 @03:25PM (#28961506)
It's not in bad faith, but it is rhetorical: people protecting their own, at an industry or occupational level, is the rule, not the exception.
Re:Police can’t demand you reveal your phone passcode then t... by Sohcahtoa82 on Friday October 22, 2021 @03:50PM (#28961827)
Yeah, the problem is, as I mentioned, the consequences to society are very different between a cop being abusive versus your local plumber or other $JOB.
Re:Police can’t demand you reveal your phone passcode then t... by ineptech on Friday October 22, 2021 @04:58PM (#28962657)
For violence? Really? When was the last time you found yourself defending a coworker who beat someone up in the workplace?
Re:Police can’t demand you reveal your phone passcode then t... by BobbyJo on Friday October 22, 2021 @05:58PM (#28963282)
It's not whataboutism, it raises a good point: What's the best we can do with regard to weeding out bad cops? Like, what does doing a good job of that even look like?

The ideal is obviously 'no bad cops' but everyone here can agree that's not really achievable, so what does doing a reasonable, or even great job look like. How many bad cops are on the force if we do everything we can?

Re:Police can’t demand you reveal your phone passcode then t... by monocasa on Friday October 22, 2021 @12:31PM (#28959273)
And pretty much every interaction I've had with cops has been extremely negative. From stealing money out of my wallet, making up DMV issues to steal my license, to threatening my friend with jail time for trying to report a violent rape inflicted on her.
[dead]
Re:Police can’t demand you reveal your phone passcode then t... by breakingcups on Friday October 22, 2021 @09:50AM (#28957164)
I don't think I understand what you're trying to say. The colons aren't making it clear. What do you mean?
Re:Police can’t demand you reveal your phone passcode then t... by edot on Friday October 22, 2021 @10:01AM (#28957276)
That’s the notation for an analogy. A is to B as C is to D. For example, Fins:Fish::Feet:Humans, or Green:Trees::Blue:Water.
Re:Police can’t demand you reveal your phone passcode then t... by ceejayoz on Friday October 22, 2021 @10:01AM (#28957275)
Colon notation for analogies. https://en.wikipedia.org/wiki/Colon_(punctuation)#Mathematic...

It translates as "Law/Constitution is to Conservatives as Gun Free Zone signs are to Liberals".

Re:Police can’t demand you reveal your phone passcode then t... by mogopugh on Friday October 22, 2021 @10:02AM (#28957286)
"X:Y :: A:B" an anachronistic way of saying "X is to Y as A is to B". Meaning, "A and B are related to one another in a similar kind of way that X and Y are related to one another".
Re:Police can’t demand you reveal your phone passcode then t... by singlow on Friday October 22, 2021 @10:52AM (#28958002)
I don't think it's anachronistic, maybe arcane. Its a formal logic symbol which was also used by standardized test writers like the SAT. The SAT removed those questions because they were ineffective at assessment, not because the notation was out of favor.

https://en.wikipedia.org/wiki/Colon_(punctuation)#Mathematic...

Re:Police can’t demand you reveal your phone passcode then t... by mogopugh on Friday October 22, 2021 @11:33AM (#28958499)
> Its a formal logic symbol

I've never seen this notation used in modern mathematical logic papers. I've even had (non-US) logic phds ask me about this notation.

> which was also used by standardized test writers like the SAT. The SAT removed those questions because they were ineffective at assessment, not because the notation was out of favor.

Yeah, standardized tests that have since phased it out were really the only place it was used. Hence anachronistic. If you didn't take the SAT during a certain period of time there's a god chance you didn't see this notation.

Re:Police can’t demand you reveal your phone passcode then t... by copo233 on Friday October 22, 2021 @10:03AM (#28957310)
That makes even less sense, somehow.
Re:Police can’t demand you reveal your phone passcode then t... by Consultant32452 on Friday October 22, 2021 @10:13AM (#28957414)
Conservatives tend to think in terms of structure and order. That is why you will hear them babble on about things being "Unconstitutional!" all the time as if that has any meaning in the real world.

Liberals tend to think they can manifest reality just by saying the right thing. This causes them to be very vigilant about the words we use to describe things and they also think things like putting up a gun free zone sign at a school will prevent school shootings.

When a cop is beating a liberal to death with a stick, the liberal understands the cop is exercising his power and will get away with it. When a cop is beating a conservative to death with a stick the conservative will righteously complain about how that's illegal and I want this bad apple's badge number.

Re:Police can’t demand you reveal your phone passcode then t... by dTal on Friday October 22, 2021 @10:47AM (#28957919)
>When a cop is beating a liberal to death with a stick, the liberal understands the cop is exercising his power and will get away with it. When a cop is beating a conservative to death with a stick the conservative will righteously complain about how that's illegal and I want this bad apple's badge number.

So, conservatives are the starry-eyed idealists and the liberals are the hard-nosed realists? That's an intriguing reversal of the usual framing.

Re:Police can’t demand you reveal your phone passcode then t... by guerrilla on Friday October 22, 2021 @11:58AM (#28958795)
I think their point was that they're both starry-eyed idealists but it manifests in different ways.
Re:Police can’t demand you reveal your phone passcode then t... by Consultant32452 on Friday October 22, 2021 @10:54AM (#28958028)
Now do the other side of the analogy with liberals and gun free zone signs.
Re:Police can’t demand you reveal your phone passcode then t... by dTal on Friday October 22, 2021 @11:00AM (#28958092)
To be honest, I don't really understand the analogy. Guns have been prohibited in school zones since 1990. It was signed into law by George H. W. Bush. Is there some new angle on this that implicates liberals in unreasonable behavior?
Re:Police can’t demand you reveal your phone passcode then t... by Consultant32452 on Friday October 22, 2021 @11:12AM (#28958240)
I doubt we have the same understanding of what constitutes reasonable behavior, so I'm not sure I can answer that directly.

However, when a mass shooting of some sort occurs there is a distinct difference between how conservatives tend to respond to such a thing and how liberals do. Liberals will want more areas to be gun free zones. They will pressure businesses like grocery stores to put up gun free zone signs or push for stricter gun regulations that would not have prevented the event in the first place.

This behavior is directly analogous to the conservative behavior. The state does not care about Constitutional rights any more than mass murderers care about gun free zones. Hopefully it's understandable why this analogy might be difficult to get for both conservatives and liberals because it is difficult to step outside ones entire worldview.

Re:Police can’t demand you reveal your phone passcode then t... by dragonwriter on Friday October 22, 2021 @12:14PM (#28959026)
> It was signed into law by George H. W. Bush.

The law signed by Bush in 1990 was struck down in 1995, but Congress made a weaker law after that.

Re:Police can’t demand you reveal your phone passcode then t... by anonymousiam on Friday October 22, 2021 @10:15AM (#28957450)
The fallacy of this analogy is that Law/Constitution being valued by conservatives refers to the direct rights of an individual, whereas Gun Free Zones are not a "right" of an individual, and actually infringes on the right of other individuals to "keep and bear arms".
Re:Police can’t demand you reveal your phone passcode then t... by Consultant32452 on Friday October 22, 2021 @10:30AM (#28957683)
That's not the meaning of the analogy.

A Constitutional right or law prevents the state from harming you in exactly the same way a gun free zone sign stops a school shooter from murdering you.

Re:Police can’t demand you reveal your phone passcode then t... by giantg2 on Friday October 22, 2021 @10:34AM (#28957728)
It probably would have been more clear if that was stated this way. The analogy could have multiple levels of meaning.
Re:Police can’t demand you reveal your phone passcode then t... by dTal on Friday October 22, 2021 @10:49AM (#28957950)
I think some people are reading it as some kind of cheap political shot, since it got flagged. From the responses it seems they were trying to make a more nuanced point, so I've vouched it.

In general, it's not a good idea to try and make a nuanced political point with something short and pithy. People invariably project the worst interpretation onto it. You need to spell out what you mean.

Re:Police can’t demand you reveal your phone passcode then t... by ziddoap on Friday October 22, 2021 @11:15AM (#28958285)
>So yeah, thanks for nothing -- namely for stating the ideal theoretical state of things -- but a lot of people out there need actual real-time protection, on the spot.

I don't understand why you would be upset that an organization that spends most of its time with court-related battles is, once again, dealing with court-related things. Should the EFF be putting boots on the ground in some sort of vigilante project that defends people in real time? What is the alternative you're suggesting the EFF do, if doing things in court is only worth a "thanks for nothing"?

>Until there's true accountability and 100% transparency

Where would this come from do you think? Because I'm thinking we start at the courts, but it seems like you might have other ideas.

The EFF can't fix everything, especially not in airport backrooms of other various countries. But that does not mean there efforts are a waste.

Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @11:20AM (#28958346)
The only thing I'll say is that all of this has been parroted to death, ever since the 70s, and I am not seeing an improvement anywhere. People love this fuzzy feeling that they are "spreading awareness" and that "we must start somewhere" but historically, I've lived long enough to not see those make any difference so far.

But I really don't want to debate. I came to state anecdotal evidence + opinion. Neither of which is an indisputable fact and I have not claimed otherwise.

Re:Police can’t demand you reveal your phone passcode then t... by ziddoap on Friday October 22, 2021 @11:34AM (#28958510)
There is a vast difference between reaching the supreme court with your amicus briefs and "spreading awareness" in a blog post.

They also aren't mutually exclusive.

>But I really don't want to debate. I came to state anecdotal evidence + opinion.

This is always funny to read. Write a strongly worded opinion, but refuse to engage with others.

>but historically, I've lived long enough to not see those make any difference so far.

Out of curiosity, in your long lived life, how many times have you seen amicus briefs written to the supreme court defending 5th amendment rights?

Re:Police can’t demand you reveal your phone passcode then t... by samhw on Friday October 22, 2021 @12:07PM (#28958911)
> how many times have you seen amicus briefs written to the supreme court defending 5th amendment rights?

Are you serious? There are 5th Amendment cases in the Supreme Court practically every month, to which plenty of groups will submit amicus briefs. I don't see how the tone of awe is warranted - it's really not a remotely unusual event.

Hell, you can see countless ones on Google from the EFF alone: https://www.google.com/search?q=eff+supreme+court+amicus+bri...

Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @11:39AM (#28958561)
Funny -- only if you don't know what the words mean. Both are not strictly facts so any discussion around them is bound to derail into... exactly what's going on here.
Re:Police can’t demand you reveal your phone passcode then t... by ziddoap on Friday October 22, 2021 @12:02PM (#28958839)
My apologies, I forgot discussions can only happen involving strictly provable facts!
Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @12:22PM (#28959131)
1. I have stated non-strictly factual observations.

2. I am being called out to prove them.

3. I cannot and I state this.

4. I get mocked for it.

I get it, you are here to "win" but I'll keep calling things like they are. You keep patting yourself on the back, I don't mind.

Re:Police can’t demand you reveal your phone passcode then t... by kspacewalk2 on Friday October 22, 2021 @09:53AM (#28957199)
>Hint: some cops are really good in the skill of inflicting pain to people without lasting medical trace to prove it afterwards.

Sorry, I don't buy that this happens with any kind of frequency in the 21st century United States, such that a person could reasonably expect this to happen to them. Do you have more than ambiguous innuendo to back up this claim?

Re:Police can’t demand you reveal your phone passcode then t... by _bohm on Friday October 22, 2021 @11:16AM (#28958288)
Rough rides are an example of a fairly well documented practice [0]. I personally know someone who was taken on one.

[0] https://en.wikipedia.org/wiki/Rough_ride_(police_brutality)

Re:Police can’t demand you reveal your phone passcode then t... by literallyaduck on Friday October 22, 2021 @11:24AM (#28958396)
https://www.buzzfeednews.com/article/albertsamaha/this-teena...

Oh sorry that one left evidence, are you asking people to prove something without evidence?

https://en.m.wikipedia.org/wiki/Rough_ride_%28police_brutali...

A practice so frequent it has a wiki article.

https://www.nydailynews.com/news/national/chavis-carter-comm...

Oops, that one is a "suicide".

Re:Police can’t demand you reveal your phone passcode then t... by edgyquant on Friday October 22, 2021 @01:47PM (#28960251)
These examples definitely leave medical traces though
Re:Police can’t demand you reveal your phone passcode then t... by mywittyname on Friday October 22, 2021 @10:50AM (#28957951)
Anyone whose even been handcuffed knows this is a fact. They make no effort to hide the fact that they are intentionally causing you pain because they can.
Re:Police can’t demand you reveal your phone passcode then t... by rootusrootus on Friday October 22, 2021 @11:44AM (#28958630)
I've been handcuffed, albeit only once in my life, and aside from the cop being exceedingly efficient (I didn't really see it coming until the cuffs were already on), he was actually entirely polite and professional about the whole thing.

I've no doubt that there are bad cops out there. Probably more than a few. But I don't think it's helpful to portray the entire profession that way, even if they do bring a lot of the bad PR on themselves by how they handle the situations where a cop does behave badly.

Re:Police can’t demand you reveal your phone passcode then t... by colinmhayes on Friday October 22, 2021 @12:10PM (#28958960)
Maybe it's because I've lived in Chicago my whole life, but I've only ever dealt with cops who could be generously described as evil. The cops at my high school sat in the lobby all day harassing students, one of them was fired for starting a relationship with a student. The union contested and got his job back after he was elected president of their union. I've never had a government employee other than cops tell me to "fuck off" or "shut the fuck up". In fact, I can count on you hand the number of times anyone other than a close friend has said that to me, yet it seems like everyone I meet has been verbally abused by cops.
Re:Police can’t demand you reveal your phone passcode then t... by kingcharles on Friday October 22, 2021 @12:23PM (#28959161)
Chicago is bad. I've suffered bad abuse in Chicagoland by the police. I just did 8 years in the county jail due to the police violating the law and violating my rights.
Re:Police can’t demand you reveal your phone passcode then t... by edgyquant on Friday October 22, 2021 @01:48PM (#28960266)
Don’t you mean 8 months? In Illinois you can only be sentenced to less than a year in county jail unless you are awaiting trial in which case 8 years seems a bit much.
Re:Police can’t demand you reveal your phone passcode then t... by kingcharles on Friday October 22, 2021 @03:19PM (#28961435)
No, I mean 8 years. Over 8 years. I'm still in custody now.

There are others in the jail for almost 12 years.. here are the stats: https://www.cookcountysheriff.org/wp-content/uploads/2021/09...

Re:Police can’t demand you reveal your phone passcode then t... by edgyquant on Friday October 22, 2021 @03:58PM (#28961936)
I wouldn’t post that, if I’m correct you’ve just doxed yourself since your nickname corresponds with the name of a gentleman who has been there for over 8 years awaiting a murder trial.
Re:Police can’t demand you reveal your phone passcode then t... by onychomys on Friday October 22, 2021 @05:20PM (#28962883)
That guy was 19 in 2013, and elsewhere our allegedly felonious friend here mentions being a web developer in the 90s, so it's not the same person.
Re:Police can’t demand you reveal your phone passcode then t... by kingcharles on Friday October 22, 2021 @06:10PM (#28963390)
Different person, although I did a double-take when I saw that name on the list a week ago when I found it. I'm King Charles, he is Charles King.
Re:Police can’t demand you reveal your phone passcode then t... by KronisLV on Saturday October 23, 2021 @04:49AM (#28966759)
> if I’m correct you’ve just doxxed yourself

The parent commenter was probably referring to this: https://www.urbandictionary.com/define.php?term=doxxing

Some people may enjoy having their real world identities be separate from their online presence, depending on personal preferences and how security conscious they are about that particular account.

Some communities may or may not also have additional rules about exposing your own identity, or the identities of others, which should be taken into account.

Re:Police can’t demand you reveal your phone passcode then t... by joncrane on Friday October 22, 2021 @11:23AM (#28958382)
I was once arrested wearing nothing but a t shirt on a freezing night. The police officer intentionally left the windows open in my compartment while blasting the heat in the driver's seat. I asked him to roll up the window and he ignored me. This was in Montgomery County, MD.

It happens.

Re:Police can’t demand you reveal your phone passcode then t... by codezero on Friday October 22, 2021 @10:09AM (#28957361)
85% of the people in Rikers haven’t been convicted of anything.
Re:Police can’t demand you reveal your phone passcode then t... by colinmhayes on Friday October 22, 2021 @10:25AM (#28957592)
Rikers is a jail, not a prison. Jails are meant to hold people who have not yet completed their trial. Once you're convicted you get sent to prison.
Re:Police can’t demand you reveal your phone passcode then t... by codezero on Friday October 22, 2021 @10:33AM (#28957709)
Exactly the point. The police can waste your time. Those people can’t go to work and will likely lose their job because they are being jammed up by police.
Re:Police can’t demand you reveal your phone passcode then t... by nerdponx on Friday October 22, 2021 @10:46AM (#28957909)
It's not just time.

Rikers is as much of a violent, torturous, psychologically-toxic shithole as any prison, and people (often teenagers) can spend years stuck there [0].

[0]: https://revealnews.org/article-legacy/for-teens-at-rikers-is...

Re:Police can’t demand you reveal your phone passcode then t... by kingcharles on Friday October 22, 2021 @12:31PM (#28959272)
I just spent 8 years in the county jail while the police wasted my time to try and get a conviction out of me. They offered to let me walk free on my first court date if I plead guilty, but I refused, so I did 8 years locked up. I'm actually still in custody now, just not at the jail. Might be in custody for another couple of years until the case is dismissed.

Looking at the statistics for Cook County Jail, there are a number of unconvicted people who have been in there for almost 12 years waiting to go to trial.

Re:Police can’t demand you reveal your phone passcode then t... by colinmhayes on Friday October 22, 2021 @10:38AM (#28957781)
Yea, the bail situation in this country is fucked.
Re:Police can’t demand you reveal your phone passcode then t... by rootusrootus on Friday October 22, 2021 @11:45AM (#28958639)
It varies a lot by state, however. Not every state has private bail bondsmen, bounty hunters, etc.
Re:Police can’t demand you reveal your phone passcode then t... by notyourwork on Friday October 22, 2021 @10:48AM (#28957931)
This and OPs question are not related.
Re:Police can’t demand you reveal your phone passcode then t... by xboxnolifes on Friday October 22, 2021 @11:25AM (#28958416)
Thankfully people can use the fact that their trial hasn't yet completed to console the fact that they will be in Rikers for months.
Re:Police can’t demand you reveal your phone passcode then t... by rootusrootus on Friday October 22, 2021 @10:36AM (#28957753)
That seems expected, it’s a jail not a prison. At any given time a lot of the people there are in the midst of a trial.
Re:Police can’t demand you reveal your phone passcode then t... by RansomStark on Friday October 22, 2021 @12:44PM (#28959448)
Didn't the Chicago PD run a black site a fee years back... Found it: https://www.google.com/amp/s/amp.theguardian.com/us-news/201...
Re:Police can’t demand you reveal your phone passcode then t... by jandrese on Friday October 22, 2021 @05:03PM (#28962701)
Sometimes the cases come out because "standard procedure" ends up killing someone with an underlying medical issue. One case involved cops who would strap a suspect to a chair and then cover their bodies with pepper spray including spraying directly up their nose and into eyeballs. One guy had a heart condition and died. The cops involved usually get some paid vacation if the case is severe enough to make it to the news.

This has happened repeatedly and nobody seems to care.

10 seconds on Google turned up another case from this year.

https://www.keranews.org/news/2021-03-19/north-texas-man-die...

Re:Police can’t demand you reveal your phone passcode then t... by SavantIdiot on Friday October 22, 2021 @01:19PM (#28959941)
Ever protested anything that the conservative majority of your city supports, esp. the police? Try it some time, its fun! You'll find out pretty damn quick that the riot police love to hurt people, once something is declared a riot, it becomes a free-for-all. If you think this is innuendo, let me direct you to the 2 years of BLM protests around the country that have videos of cops behaving just lovely.
Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @10:05AM (#28957325)
What you "buy" makes no difference to what happened to people out there. Believe what you will.
Re:Police can’t demand you reveal your phone passcode then t... by adwn on Friday October 22, 2021 @10:14AM (#28957427)
They asked for any evidence beyond "it's like this, trust me" and you answered with "really, it's like this, trust me". Do you realize that if someone isn't convinced after the first "trust me", they won't be convinced by the second "trust me"?
Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @10:22AM (#28957540)
Sure.

A better reply is: "I am here to state an observation and not to prove anything to anyone since it's not a court room. Believe me if you want, I'll not stick around to find out".

Re:Police can’t demand you reveal your phone passcode then t... by rootusrootus on Friday October 22, 2021 @10:33AM (#28957722)
That amounts to taking a dump in the middle of the conversation and walking away. If you aren’t here to participate in the discussion why say anything at all?
Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @10:36AM (#28957751)
I said it, the other guy says he doesn't believe me. What discussion? That's the discussion stopper, not what I said.

I can't prove anything except say it. And it's your choice whether to believe it.

What's unclear?

Re:Police can’t demand you reveal your phone passcode then t... by notyourwork on Friday October 22, 2021 @10:49AM (#28957948)
What's unclear is you are making pretty wild accusations and saying trust me because I said so. That's as good as any other unfounded claim made on the internet and it doesn't contribute value to the conversation.
Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @10:59AM (#28958079)
If you don't like it, report me to the moderators and let them delete my comment(s) if they feel you are right. As far as I am aware, I have a right to post anecdotal evidence without a huge legal trail proving that I am right. And it's your right to not believe it.

Why not stop there?

EDIT: And yes, this absolutely is one of the unfounded claims that can be found all over the internet. Have I claimed otherwise?

Re:Police can’t demand you reveal your phone passcode then t... by adwn on Friday October 22, 2021 @10:26AM (#28957613)
Well, have you observed that behavior first-hand? Did someone you know and trust observe it first-hand and tell you about it? Etc. We don't ask you to "prove" anything, but some more information instead of vague hints would be helpful.
Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @10:31AM (#28957696)
I thought the standard benefit of the doubt implies that I am not here to tell stories just because I am bored.

I've known such people, yes, three of them. Law-abiding normal people whose only mistake was that they were in a hurry and were slightly rude to the police officers because of it.

Technically, each and every claim of somebody can be disputed to death. That's why I invoked your right to not trust what strangers say on the internet. Still, I thought it was a given that I have some exposure to the claimed phenomena.

Re:Police can’t demand you reveal your phone passcode then t... by pbhjpbhj on Friday October 22, 2021 @11:18AM (#28958322)
Did any of your acquaintances do anything after their release in response to the police torturing/brutalising them? Go to the press for example, or sue, raise a complaint, etc.?

Reading between the lines you're saying torture/brutality following arrest for speeding has been the experience of 3 of your friends?

Aside, your combative tone really isn't helping make a useful discussion. Something like "I have no evidence, sorry" would have been far better than attacking people requesting evidence.

Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @11:22AM (#28958367)
> Something like "I have no evidence, sorry" would have been far better than attacking people requesting evidence.

Agreed, and I started correcting afterwards. I thought it was super obvious that I am sharing an anecdotal evidence and an opinion. I reacted hostile to claims that I somehow have to prove either of these (and both aren't clear-cut facts).

EDIT: To answer your questions, no, they haven't pressed charges (and it wasn't speeding, it was "a routine check"). They were even let go on the oral condition that they'll not pursue.

Re:Police can’t demand you reveal your phone passcode then t... by kspacewalk2 on Friday October 22, 2021 @10:12AM (#28957408)
I don't believe your argument even rises to the level of being anecdata. It's a tier or two below.
Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @10:15AM (#28957449)
It's not an argument. It's a stated observation. You can question it until the end of time, won't change something that already happened.

Why are we doing this at all? You add absolutely nothing to the discussion, except maybe question if I haven't imagined things.

Re:Police can’t demand you reveal your phone passcode then t... by kspacewalk2 on Friday October 22, 2021 @12:15PM (#28959040)
I simply observed that, without a lot of elaboration, it is you with your claims that added nothing to the discussion, despite appearing to do so. Saying wild things with no elaboration and evidence is worse than adding nothing, in fact. It's subtracting, or detracting from the conversation. Discussions in higher-quality forums sometimes involve calling out such lazy third-person maybe-accounts presented as valid discussion items.

You're getting salty for being called out and say "I don't care". Fine, you don't care. This, however, is not your personal page, it's a public discussion where claims are challenged. When I reply to your comment, I'm not necessarily replying to "you", I'm contributing to the overall discussion that others read, and make their own conclusions from all of it.

And I don't think there's any reason whatsoever for a dispassionate observer who may not be aware of how things are in the US these days to come away thinking that US cops ubiquitously and habitually torture detainees by beating them.

Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @12:26PM (#28959196)
You can keep repeating the same things, I don't mind.

I'll say again as well: I stated things that are impossible to prove in an internet forum. I've admitted I got no solid proof -- you can just say that you don't believe me and that could have been the end of it.

Why do you continue is beyond me. I already said that I haven't stated a fact. If you think I should not post anecdotal evidence then please, by all means, pester the mods to delete EVERY SINGLE ANECDOTAL EVIDENCE posted here on HN. Let me not stop you.

Re:Police can’t demand you reveal your phone passcode then t... by aardvarkr on Friday October 22, 2021 @10:17AM (#28957471)
Around these parts we like to see some evidence before making wildly speculative claims.
Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @10:21AM (#28957522)
You can just say "I don't believe you", I'll just say "OK, I came here to state an observation and not to emulate a court room, and I have other things to do afterwards" and we can all be on our merry way.
Re:Police can’t demand you reveal your phone passcode then t... by jjk166 on Friday October 22, 2021 @10:06AM (#28957332)
You don't get justice in a police station, you get justice in a courtroom. The cops may do all sorts of things to you that they're not supposed to, and there's nothing you can do to stop them. But now you have a good chance of getting the whole case, or at least any evidence they obtain as a result of these actions thrown out the window, and potentially stand to gain from a profitable civil suit.

Be compliant, be quiet, be observant, lawyer up.

Re:Police can’t demand you reveal your phone passcode then t... by magicalist on Friday October 22, 2021 @10:53AM (#28958011)
> You don't get justice in a police station, you get justice in a courtroom. The cops may do all sorts of things to you that they're not supposed to, and there's nothing you can do to stop them. But now you have a good chance of getting the whole case, or at least any evidence they obtain as a result of these actions thrown out the window, and potentially stand to gain from a profitable civil suit.

Much more likely that you'll be offered a plea bargain to either end it with time served or go to trial and be threatened with 15 years or whatever. Then you have to balance just having it be done against how much you want to risk a jury having a bad day, lawyer bills, and months or years of process to maybe have a moral victory when the judge says "yeah, this evidence is inadmissible". Meanwhile you're not getting a payout unless they beat you and it's on camera.

The system knows how to take care of itself.

edit if you'd like to know more: https://www.cato.org/commentary/prisons-are-packed-because-p...

Re:Police can’t demand you reveal your phone passcode then t... by kingcharles on Friday October 22, 2021 @01:44PM (#28960219)
I was offered release on my first court date if I plead guilty. Instead I spent over 8 years in a county jail waiting for justice.
Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @10:10AM (#28957380)
Technically you are right but 99% of us have places to be and things to do. Most will suck it up and never even mention it.

I don't like it and nobody likes it, but it's very often the case. :(

Re:Police can’t demand you reveal your phone passcode then t... by zionic on Friday October 22, 2021 @11:01AM (#28958100)
>The cops may do all sorts of things to you that they're not supposed to, and there's nothing you can do to stop them.

Well, this isn't strictly true. But it's a quick way to get to 5 stars.

Re:Police can’t demand you reveal your phone passcode then t... by giantg2 on Friday October 22, 2021 @10:40AM (#28957823)
I feel like it's only a matter of time until enough people get screwed by the system, see the blatant hypocrisy, realize that this is an oligarchy, and the system collapses. Maybe I'm just an optimist.

One thing that individuals do have power to do (but will be fought vehemently on) is jury nullification. Sadly, most don't know this, and/or are easily manipulated into believing the people in power.

2-10% of incarcerated individuals are completely innocent. This doesn't even include people who are convicted after having rights violated or other technicalities.

Re:Police can’t demand you reveal your phone passcode then t... by NoGravitas on Friday October 22, 2021 @11:22AM (#28958362)
The tricky bit about jury nullification is that you must hide your knowledge of jury nullification from the DA in order to get on the jury. And if you lie in order to do so, then you can just be thrown off the jury and replaced with an alternate.
Re:Police can’t demand you reveal your phone passcode then t... by giantg2 on Friday October 22, 2021 @11:40AM (#28958576)
True, some jurisdictions will even charge you if you lie during selection. Some jurisdictions don't ask about it though.
Re:Police can’t demand you reveal your phone passcode then t... by testfoobar on Friday October 22, 2021 @11:33AM (#28958500)
You can beat the rap, but not the ride.

https://en.wikipedia.org/wiki/Death_of_Freddie_Gray

Edit: Just to be clear, this is an illustrative example. Not a flippant response. Gray should not have died in police custody.

Re:Police can’t demand you reveal your phone passcode then t... by BiteCode_dev on Friday October 22, 2021 @11:47AM (#28958660)
Any interaction with authorities should be legally required to be recorded. If you are held for 72h, there should be 72 hours of videos, not one minute less.
Re:Police can’t demand you reveal your phone passcode then t... by remram on Friday October 22, 2021 @09:58AM (#28957244)
And without breaking the law, the threat of spending 24-72h locked in that room is already a big one.
Re:Police can’t demand you reveal your phone passcode then t... by driverdan on Friday October 22, 2021 @10:49AM (#28957937)
This is why the first thing you should always do is invoke your right to a lawyer. Be polite but don't say anything without a lawyer present.
Re:Police can’t demand you reveal your phone passcode then t... by mschuster91 on Friday October 22, 2021 @11:22AM (#28958370)
> Technically airport security can't make you unlock your phone in many countries as well but I've known two former colleagues who were "convinced" to do so in the airport's back room; the one where problematic passengers are held for 8-24h.

Which is why I refuse to travel outside of the Schengen area. Even if I'd really like to visit the US one day once corona passes, there is absolutely no way I'll consent to essentially a digital striptease search with orifice controls.

Our digital devices - smartphones and laptops especially - are mirrors of our minds and our thoughts. Border control and police are not allowed to use torture to get access to our minds, they should not be given the power to circumvent that by accessing our phones.

> "Raising awareness" doesn't work on ruthless cops. I guess that's a mind-blowing revelation to many Westerners.

No wonder, given that

- the US has its pupils pledge allegiance to the country every single day

- authority and police are consistently shown as "the good guys" who don't have to respect rules in all forms of media and culture that don't originate from people of color and immigrants (like rap/hip hop)

- protests against said police overreach and abuse (as well as other forms of social injustice) are downplayed to outright vilified in mass media, and police abuse itself is ignored until protests turn extremely large and/or violent (such as with the George Floyd/BLM protests)

- anything "left wing" is branded "communist", and "communist" itself is branded as the devil - not just in the US but also across wide swaths of Europe.

Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @11:27AM (#28958442)
> Which is why I refuse to travel outside of the Schengen area. Even if I'd really like to visit the US one day once corona passes, there is absolutely no way I'll consent to essentially a digital striptease search with orifice controls.

Same here. I am curious about the USA but after reading and hearing a bunch of stories... really, no thanks. I know chances are slim but I still don't want to risk it.

> No wonder, given that...

Yeah. USA has a really strong propaganda system and it's a shame that even on HN, where people should be more critical thinkers, this is not widely recognized.

Re:Police can’t demand you reveal your phone passcode then t... by rootusrootus on Friday October 22, 2021 @11:51AM (#28958709)
> Yeah. USA has a really strong propaganda system and it's a shame that even on HN, where people should be more critical thinkers, this is not widely recognized.

OTOH, I recommend strongly you consider how strong the anti-US propaganda is online, including on places like Reddit and HN. It's an entire art form now, how to be critical of the US in every possible way. Whether it's cops, health care, or imperial measurements.

The reality in the US is much different than portrayed on here, and you ought to be aware of that.

Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @12:29PM (#28959241)
> The reality in the US is much different than portrayed on here, and you ought to be aware of that.

I agree and I admit I've never even been there. But even when chatting with Americans -- here included -- the culture and thinking differences are immediately apparent.

I don't actively seek out any anti-anything propaganda, and started disengaging myself from political discussions lately (this thread is the shameful exception, sadly).

I can't claim I am completely unbiased, sure. But I am mostly commenting on impressions I have from hundreds of interactions, virtual and physical.

Re:Police can’t demand you reveal your phone passcode then t... by rootusrootus on Friday October 22, 2021 @01:03PM (#28959717)
It is entirely possible that as an American I am just getting oversensitive to this. But all I ever seem to hear on HN (and Reddit) is everything bad about the US. To someone who has never lived here, I suppose it must seem pretty dystopian.

I do think you should visit :). Every time I visit a new country I am struck by just how different it is in real life compared to everything I've ever heard about it. It's the primary reason I like to travel at all. I'm not really into the tourist stuff, I love to get off the beaten path and see how people actually live.

At least go visit Canada. Might be surprising, or not, but it shares a lot of cultural similarities with the US.

Re:Police can’t demand you reveal your phone passcode then t... by 1123581321 on Saturday October 23, 2021 @10:05PM (#28974267)
It’s probable that many of those interactions are omitting important information or are exaggerating: the conversational equivalent of an affluent white teenager walking past a friendly cop with his hands over his head, which I’ve seen multiple times.
Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Saturday October 23, 2021 @10:33PM (#28974429)
Not in my case. The people who told me the stories were well-established adults who very rarely lose their cool (but some cops have a way to piss you off so they can then justify their violence towards you).

So a good general suggestion from your side but doesn't apply to what I've heard and experienced.

Re:Police can’t demand you reveal your phone passcode then t... by 1123581321 on Saturday October 23, 2021 @10:38PM (#28974459)
I’m skeptical, but fair. :) Well, I hope you at least visit other areas of the world besides the US someday.
Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Saturday October 23, 2021 @10:41PM (#28974473)
Can you clarify on the "I'm skeptical" part, please?

It's like, I have nothing to do today, oh I know, I'll just come to HN and lie about experiences with cops. Is that what you're implying?

Re:Police can’t demand you reveal your phone passcode then t... by 1123581321 on Sunday October 24, 2021 @04:53PM (#28981797)
I’m skeptical that you’ve sampled a good cross-section of experiences. It sounds like you exposed yourself to a high volume of anecdotes from a narrow category of respondents. You may also have been exposed to liars or exaggerations; you yourself aren’t lying.

Hopefully that’s stated directly enough for you.

Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Sunday October 24, 2021 @05:31PM (#28982129)
It's your right to be skeptical -- although I can't fathom why. I got nothing better to do, I'm here specifically to mislead you.

Heh, okay.

Re:Police can’t demand you reveal your phone passcode then t... by 1123581321 on Sunday October 24, 2021 @05:42PM (#28982195)
Again, to be clear, I think you’re misled; you’re communicating sincerely.

As to why any of us are here, fair question!

Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Sunday October 24, 2021 @06:35PM (#28982567)
We all judge by what we see. Obviously that's never the whole truth -- that much has always been true. So I never claimed to have the whole truth of the situation; of course I don't, it would be hugely naive for me to claim otherwise.

My general stance basically is "don't look at what's written, look at what people can do and get away with it because that's exactly what most people will do".

Re:Police can’t demand you reveal your phone passcode then t... by mschuster91 on Friday October 22, 2021 @11:36AM (#28958532)
> USA has a really strong propaganda system and it's a shame that even on HN, where people should be more critical thinkers, this is not widely recognized.

That's the fault of "American exceptionalism". At least one positive thing happened as a result of the 45th - Americans can no longer deny that their nation is immune from falling into the hands of a proto-fascist and a gang of cronies and goons in his wake.

Anyway, the list of points is (sans the pledge) applicable across most countries in the Western world... partially because a lot of our culture is US-influenced (social networks, but first and foremost Hollywood's media industry) and because our media isn't much better. Germany's most influential BILD tabloid is a rag that spreads authoritarianism and right-wing ideology, and the cop show Tatort consistently has peak TV attendance rates.

Re:Police can’t demand you reveal your phone passcode then t... by auganov on Friday October 22, 2021 @12:37PM (#28959356)
> Which is why I refuse to travel outside of the Schengen area.

Just one data point:

A few days ago was pulled over in Germany, I assume, for travelling on foreign plates from a small (Schengen area) country. Initially we thought we must have broken some traffic rule we weren't aware of. But it seemed more like an immigration check. Asked for passports, searched the car and asked a lot of questions. Didn't even check the driver's license and the likes, so definitely not a traffic stop.

Not particularly paranoid about this kind of stuff and they seemed nice, but I'd certainly try to push back if this has happened in the US. Don't know much about German law, I may be wrong, but I'm assuming like in most of Europe you don't have much of a right to refuse unless it's a very unusual ask (which searching a phone may be)

Re:Police can’t demand you reveal your phone passcode then t... by mschuster91 on Friday October 22, 2021 @12:48PM (#28959520)
Schengen traffic stops (allowed on/near transit highways and train lines, as well as either 20 or 50km next to national borders) exist, indeed, but the cops do not have the right (or the equipment) to acess your digital devices. They are only allowed to search you and your vehicle for contraband (e.g. guns, drugs) and people without a legal status (visa, perma residence, citizenship).
Re:Police can’t demand you reveal your phone passcode then t... by toast0 on Friday October 22, 2021 @11:55AM (#28958759)
> Even if I'd really like to visit the US one day once corona passes, there is absolutely no way I'll consent to essentially a digital striptease search with orifice controls.

Don't take your phone and laptop with you on the plane. Maybe take an older phone (check lte bands and what not) that has been wiped and don't sign into things until you clear customs.

If you need a laptop, options are ship it seperately or wipe before transit and do a recovery later.

Re:Police can’t demand you reveal your phone passcode then t... by vlod on Friday October 22, 2021 @02:51PM (#28961061)
Chromebooks are good for this.
Re:Police can’t demand you reveal your phone passcode then t... by xadhominemx on Friday October 22, 2021 @11:46AM (#28958647)
> Which is why I refuse to travel outside of the Schengen area

That’s really a crazy mindset man. The US receives ~100m foreign visitors annually. There is nothing special about you, they don’t care about your Facebook profile. Worst comes to worst, you just refuse to unlock your device and they deport you back to where you came from.

Re:Police can’t demand you reveal your phone passcode then t... by mschuster91 on Friday October 22, 2021 @12:45PM (#28959476)
> Worst comes to worst, you just refuse to unlock your device and they deport you back to where you came from.

Who says they won't image my device using yet-unknown zero day exploits, or that I get it back at all? And I'd still be out thousands of dollars in travel costs.

Re:Police can’t demand you reveal your phone passcode then t... by xadhominemx on Friday October 22, 2021 @03:36PM (#28961643)
Why would they waste a zero day exploit on you?
Re:Police can’t demand you reveal your phone passcode then t... by mschuster91 on Monday October 25, 2021 @03:56AM (#28985417)
These days, zero-days come in packaged as a Cellebrite forensic imager on airports. Hell, Germany is doing that on refugees (https://netzpolitik.org/2020/gefluechtete-klagen-gegen-das-a...).
Re:Police can’t demand you reveal your phone passcode then t... by xadhominemx on Monday October 25, 2021 @08:07AM (#28986864)
So in other words, not a zero day
Re:Police can’t demand you reveal your phone passcode then t... by Asooka on Friday October 22, 2021 @10:49AM (#28957943)
The fact is also the police in the USA are one of the least bullyish. The right to refuse to speak without a lawyer present isn't part of most of the first world's police code. It's one of the areas where the USA is absolutely the best at respecting people's rights and freedoms and I wish you all the luck in the world in pushing for even better Police Reform, since holding you guys as a symbol of how to do things right is extremely helpful in pushing for reform in other parts of the world.
Re:Police can’t demand you reveal your phone passcode then t... by 2OEH8eoCRo0 on Friday October 22, 2021 @11:16AM (#28958286)
> Hint: some cops are really good in the skill of inflicting pain to people without lasting medical trace to prove it afterwards.

What a useless statement. Some? Out of how many? Do you have a source?

Re:Police can’t demand you reveal your phone passcode then t... by legutierr on Friday October 22, 2021 @09:56AM (#28957221)
> I've known two former colleagues who were "convinced" to do so in the airport's back room; the one where problematic passengers are held for 8-24h.

What country(ies)?

Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @10:00AM (#28957260)
USA and Netherlands.

Draw your own conclusions. :P

Re:Police can’t demand you reveal your phone passcode then t... by DennisP on Friday October 22, 2021 @11:32AM (#28958492)
Seems this case isn't so much about what the police can do in the interrogation room, as what evidence is admissible in court. It's quite easy to enforce the provision that they can't tell juries you refused to hand over a password.

That's a moot point if you do reveal your password, but coercion is a separate issue we could try to address, which would be pointless to address if they could get you convicted simply because you refused.

Re:Police can’t demand you reveal your phone passcode then t... by austincheney on Friday October 22, 2021 @11:49AM (#28958682)
> some cops are really good…

That’s why you ask for a defense attorney. Police even tell you this in your Maranda rights. If they fail read you your rights prior to detainment any thing they get in response to their questions or requests cannot be used against you.

Re:Police can’t demand you reveal your phone passcode then t... by Floegipoky on Friday October 22, 2021 @02:11PM (#28960551)
> If they fail read you your rights prior to detainment any thing they get in response to their questions or requests cannot be used against you.

That's not true in theory or practice. They are supposed to issue a Miranda warning at the time of arrest or prior to interrogation; detainment is not arrest, asking questions is not interrogation. If they pull you over and ask how fast you were going, if you confess to speeding it is admissible. Even when Miranda violations do occur, if they're not on video they can lie about it. Police are allowed to lie about most things and they're trained to lie, it's probably their most-used tactic. Since they're human, once they step outside the truth it's tempting to remain there, especially if it benefits them. The word of police is generally accepted by the court as fact unless evidence directly contradicts them and that evidence is not suppressed.

Re:Police can’t demand you reveal your phone passcode then t... by austincheney on Friday October 22, 2021 @07:04PM (#28963830)
If you are not under arrest then all you have to do is ask to leave. When this is somehow confusing you are free to request an attorney at any time.
Re:Police can’t demand you reveal your phone passcode then t... by ajsnigrutin on Friday October 22, 2021 @11:33AM (#28958501)
That's why you need a good lawyer, to bring your story to the public, sue the damn police department and get justice!

And then the cop gets 2 weeks of paid suspension, taxpayers pay you 20k in 'damages', and your lawyer costs only 35k.

Re:Police can’t demand you reveal your phone passcode then t... by avs733 on Friday October 22, 2021 @11:37AM (#28958540)
the one part of this I will defend is taxpayers footing the bill.

Frankly, the government employs cops on our behalf and they act on behalf of the population. This type of behavior is part of the American culture of policing, it is not 'individual bad actors'. We should bear the cost of them acting improperly. I vehemently object to us creating a culture where police are expected to behave in this way but then are personally responsible when they get caught doing what is expected. Cops should pay the criminal costs for their actions, but the liability belongs to those who employ them and empower them - us.

Re:Police can’t demand you reveal your phone passcode then t... by ajsnigrutin on Friday October 22, 2021 @11:50AM (#28958694)
But we didn't employ bad cops... we employed cops, they just turned bad.

If I hire a plumber, to fix my sink, and the plumber rapes my neighbor and burns his/her house, why should I pay for the damages? If a cop rapes someone, again, why should I pay?

Re:Police can’t demand you reveal your phone passcode then t... by avs733 on Friday October 22, 2021 @09:42PM (#28964872)
Because your analogy is faulty. If you call a plumbing company and they send a plumber who nursery’s you, you would damn sure sue the plumbing company. The police would handle the plumber as a criminal matter.
Re:Police can’t demand you reveal your phone passcode then t... by refurb on Friday October 22, 2021 @12:24PM (#28959177)
How does transparency help? If cops have a legal right to hold you for 72 hours that doesn’t change if more transparency happens.
Re:Police can’t demand you reveal your phone passcode then t... by pdimitar on Friday October 22, 2021 @12:32PM (#28959288)
Well, I mean, transparency means that footage of the cells of arrested people don't routinely disappear due to "technical glitches" as it regularly happens in my country. :(
Re:Police can’t demand you reveal your phone passcode then t... by kingcharles on Friday October 22, 2021 @12:11PM (#28958985)
I held out until the police threatened my wife and then I broke.
Re:Police can’t demand you reveal your phone passcode then t... by clarge1120 on Friday October 22, 2021 @10:29AM (#28957662)
Men can address that.
Re:Police can’t demand you reveal your phone passcode then t... by tomlin on Friday October 22, 2021 @10:22AM (#28957546)
A lot of people think that standing on the constitution is a blocker for all negative possibilities. As we see with the Gabby Petito case, Brian Laundries parents did more harm to their case by pleading their constitutional rights. In other words, it makes it impossible to live in your neighbourhood or communities you frequent afterwards
Re:Police can’t demand you reveal your phone passcode then t... by rootusrootus on Friday October 22, 2021 @10:40AM (#28957812)
There’s very little you can do when the internet mob comes for you. Staying silent was likely their least bad option.