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Man Sentenced To 180 Days In Jail For Refusing To Give Police His iPhone Passcode (miamiherald.com)

Posted by BeauHD on from the top-secret dept.

schwit1 quotes a report from Miami Herald: A Hollywood man must serve 180 days in jail for refusing to give up his iPhone password to police, a Broward judge ruled Tuesday -- the latest salvo in intensifying legal battles over law-enforcement access to smartphones. Christopher Wheeler, 41, was taken into custody in a Broward Circuit Court, insisting he had already provided the pass code to police investigating him for child abuse, although the number did not work. "I swear, under oath, I've given them the password," a distraught Wheeler, his hands handcuffed behind his back, told Circuit Judge Michael Rothschild, who earlier in May found the man guilty of contempt of court. As Wheeler was jailed Tuesday, the same issue was unfolding in Miami-Dade for a man accused of extorting a social-media celebrity over stolen sex videos. That man, Wesley Victor, and his girlfriend had been ordered by a judge to produce a passcode to phones suspected of containing text messages showing their collusion in an extortion plot. Victor claimed he didn't remember the number. He prevailed. On Tuesday, Miami-Dade Circuit Judge Charles Johnson ruled that there was no way to prove that Victor actually remembered his passcode, more than 10 months after his initial arrest. Johnson declined to hold the man in contempt of court. Wheeler will eventually be allowed to post bond pending an appeal. If he gives up a working pass code, he'll be allowed out of jail, Judge Rothschild told him.

7 of 234 comments (clear)

  1. Confusing by Anonymous Coward · · Score: 5, Informative

    The snippet above doesn't make clear that the article discussed two different cases. In one case, the guy got 180 days. In the other case, the court let the guy off because the police couldn't prove that he remembered the code 10 months later.

    1. Re:Confusing by sabri · · Score: 5, Insightful

      These judges should go back to law school and read about the 5th, and why it exists. It's not just about the right to remain silent. It is about the absolute right of a suspect in a criminal case to refrain from any actions which would help the prosecution to convict. A modern day criminal trial is already very uneven with the prosecutor having massive amounts of resources, where a suspect has very limited resources.

      These "judges" are criminals themselves and should be thrown in jail for violating this man's human rights.

      History will judge these fools the same way as the inquisitors who tortured heretics to extract a confession. This is basically the same. Putting an innocent man (until proven guilty) in jail because he refuses to cooperate with the inquisition. And of course they create a precedent like this with a case involving children, so the public backlash would be limited. Where are alt-right patriots when you need them?

      --
      I'm not a complete idiot... Some parts are missing.
    2. Re: Confusing by Sparowl · · Score: 5, Insightful

      The issue then becomes, what do you do when you actually do not remember the passcode?

      How do I prove my innocence in "refusing" to provide the code?

      The issue now becomes an unattainable burden of proof on the defendant, who is supposed to be innocent until proven guilty, no?

    3. Re: Confusing by Anonymous Coward · · Score: 5, Insightful

      The difference between the two being that US Federal and State governments are supposed to be bound by Constitutional rights. That said, coercing someone to confess to a crime actually IS a violation of their human rights. You might work on bringing your government up to speed on that. We did, once, and apparently need to again.

  2. Worst. Summary. Ever. by Anonymous Coward · · Score: 5, Informative

    This is two different stories.

    Wesley Victor, as it says, is not in jail. Christopher Wheeler, in a completely separate and unrelated case, is.

    This has been a public service announcement.

  3. Well, jeez folks... by Anonymous Coward · · Score: 5, Insightful

    ...you people seem to think you have a right to be secure in your persons, houses, papers, and effects, against unreasonable searches and seizures or something!

  4. New way for the spooks to lock you up. by Anonymous Coward · · Score: 5, Insightful

    They demand your password, and you hand it over, not wanting to go to jail for half a year. They open your phone, change the password to something random, and lock it. See you in prison.