03-01-2012, 10:10 PM
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It's 42
Industry Role:
Join Date: Jun 2010
Location: Global
Posts: 18,083
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Quote:
Originally Posted by woj
so how would it work if the phone is password protected?
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http://www.ca11.uscourts.gov/opinions/ops/201112268.pdf
Unless you are given full immunity they can't find you in contempt.
Violation of the US PATRIOT act might be an exception? UNITED STATES OF AMERICA v. JOHN DOE
Nos. 11-12268 & 11-15421
February 2012
p 36
Quote:
III. We hold that Doe properly invoked the Fifth Amendment privilege. In response, the Government chose not give him the immunity the Fifth Amendment and 18 U.S.C. § 6002 mandate, and the district court acquiesced. Stripped of Fifth Amendment protection, Doe refused to produce the unencrypted contents of the hard drives. The refusal was justified, and the district court erred in adjudging him in civil contempt. The district court’s judgment is accordingly REVERSED. SO ORDERED.
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