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this post was submitted on 17 Aug 2023
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Technology
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Similarly when you cross a border... you don't have to give them you password, but they can just keep you for a few days. Also note:
https://esfandilawfirm.com/can-police-unlock-your-phone/
They can also kill you where you stand with total impunity, so I'm not sure I see how these limitations of their supposed rights are at all meaningful.
Law enforcement routinely makes demands that are intentionally impossible to comply with, such as the deadly game of Simon Says that was played by the officers who murdered Daniel Shaver.
It's like a cat playing with its prey. The prey is not intended to survive.
It's layers on an onion. Every extralegal step they take provides a possible mitigation if you go to trial.
Obviously, if they straight up murder somebody, that's a whole different problem. But in general, you should invoke your rights at every step of the process, so that if they trample over those rights you'll have an argument in court to get evidence or charges thrown out.