On Search, Seizure & the Weakening Thereof
Published October 21, 2019
Oregon judge ordered woman to type in her iPhone passcode so police could search it for evidence against her - oregonlive.com
Pittman had argued that punching in her passcode would amount to “testifying” against herself because doing so would effectively admit that the iPhone was hers and she knew the passcode. But the Court of Appeals ruled that because police already had good reason to believe the phone was hers given its location in her purse, the fact that she knew its passcode was already a “foregone conclusion.” In other words, she could be compelled to cooperate as an exception to her constitutional rights.
When Marion County Circuit Judge Tracy Prall ordered Pittman to enter her passcode in August 2016, Pittman twice punched in “123456.” That wasn’t the correct code. Prall found Pittman in contempt of court and sentenced her to 30 days in jail.
Pittman ultimately was sentenced to more than 11 years in prison for the June 2016 crash that left her adult friend and the five children, ages 2 to 10, with wounds that included internal injuries, bruises, cuts and a broken leg, wrist, arm. Hospital staff who treated Pittman for a broken nose found a baggie of methamphetamine, a number of empty bags and $1,230 on her or in her purse — and she admitted to using meth that night, according to the prosecution.
They had her dead to rights on DUI, possession, and reckless driving (at least) — and still managed to talk some judge into setting Constitutionally-forbidden precedent.
I mean for fuck’s sake.
Last modified October 3, 2023 #news