No, the police probably can’t make you unlock your phone with your fingerprints.
Judge Steven C. Frucci in Virginia Beach recently decided that a criminal defendant could be forced to unlock his phone using his fingerprints . Reporting of the decision has suggested that the police can make you unlock your phone whenever they feel like it. They can’t, and that wasn’t what the Virginia Beach decision was about. The United States Supreme Court has already decided that...
Read MoreWill Apple’s security measures become standard?
With Apple’s new mobile operating system scheduled for release on Monday, it will be harder for the authorities to snoop around in confidential information on Apple devices. I’m thrilled. That’s partly because I’m an Apple user and I have all sorts of information that I am ethically required to keep secret. But mostly it’s because the government has become much too willing to snoop, and...
Read MoreOregon’s bail requirements violate the constitutional right to bail
Historically, bail referred to a deposit of money or property with the court to ensure attendance at a future court date. That’s it. It included a promise to appear in court, but no other promises, and did not permit seizure of bail other than for failure to appear, so bail could not be applied to fines, costs, violation of a release agreement or unrelated judgments. Modern bail includes...
Read MoreWould you rather trust Edward Snowden or the NSA?
As you know, unless you’re living under a rock, Edward Snowden is a former National Security Agency contractor who released records relating to the NSA’s PRISM project. Although PRISM’s scope remains obscure, it appears that the NSA has been mining all sorts of data from big tech and communications companies. That data surely includes so-called ‘metadata,’ which is information about...
Read MoreYou can’t go home again - release conditions and no-contact orders
The criminal-justice system is scrupulously protective of some rights, such as the right to counsel or the right to a jury trial. The trial process is as long and involved as it is because of the importance of protecting those rights, especially the ones in the Fourth, Fifth, and Sixth Amendments (including counsel, jury, and confrontation) and Article, Sections 11 and 12 of the Oregon...
Read MoreYou should not plead guilty just because you’re guilty.
I can’t count how many times I’ve had a client tell me that “I just want to go in and plead guilty, because I really did do it.” You should resist this temptation, at least until you speak to a criminal defense attorney. I understand why a criminal defendant might feel guilt or remorse and want to just admit everything to the judge. It’s a very bad idea. Most criminal cases are...
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