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Re:Suspects can refuse to provide phone passcodes to police,... by nvy on Friday December 15, 2023 @04:53PM (#38659268)
Wanting to kill the president is not in and of itself a crime.
Re:Suspects can refuse to provide phone passcodes to police,... by bee_rider on Friday December 15, 2023 @05:09PM (#38659429)
I think it is illegal to make a credible threat against certain public figures, though, or something along those lines, right? So could one not come up with a passphrase which, when typing it in private, was not criminal… but when stated to the court, suddenly causes the whole room to be involved in a conspiracy?

Or, what if the passphrase includes top secret information?

Or, what if you passphrase is a declaration that you are under one of those secret court warrant thinamajiggies.

Re:Suspects can refuse to provide phone passcodes to police,... by hn_acker on Friday December 15, 2023 @06:08PM (#38659998)
> I think it is illegal to make a credible threat against certain public figures, though, or something along those lines, right?

The Brandenburg v. Ohio (1969) Supreme Court case allows for criminalizing speech only if the speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action" [1]. "imminent" means that there has to be a near-future, clear time window. "I will kill X president within 3 days" could be illegal. "I will kill X president within a year" is too vague. Regardless, either one could be interpreted as evidence of criminal intent to harm the president. (If you were only joking about killing the president and the jury believes you, then you're fine.)

[1] https://en.wikipedia.org/wiki/Brandenburg_v._Ohio

Re:Suspects can refuse to provide phone passcodes to police,... by u32480932048 on Friday December 15, 2023 @11:32PM (#38661740)
This assumes you even have the right to a jury, or that you've even been charged with anything, or that you have the right to know what the charges are if they have been filed.

https://www.aclu.org/issues/national-security/detention/inde...

Re:Suspects can refuse to provide phone passcodes to police,... by nvy on Friday December 15, 2023 @08:08PM (#38660814)
The law isn't code. It's not imperative procedure where you can just say the magic words and trigger an exception to be thrown.

We have humans to apply the law and use their judgment for exactly this reason.