this post was submitted on 16 Oct 2024
98 points (97.1% liked)
Privacy
1245 readers
29 users here now
Icon base by Lorc under CC BY 3.0 with modifications to add a gradient
founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
I am not a lawyer, always consult with a lawyer in your local jurisdiction.
I believe giving a duress password to the police, which destroys data, will definitely be a crime, destruction of evidence at the minimum. Or obstruction.
I'm all for having a duress code, I just want to be clear about the trade-offs
Perhaps one could set the duress pin to something easily guessable if they were worried about a brute force
That's a great idea
The burden is on them to prove that I didn't confuse my two passwords accidentally. I have SO many passwords, officer. Silly me.
Only in theory... most likely they will load you up with at least 5 federal charges and offer you a Faustian plea bargain where you admit guilt to avoid a lifetime in jail.
Now if you had a list of codes in your wallet, one of which was a duress code... it's not your fault they tried the code while you exercise your right to remain silent.
i tried to share an article from a decade ago of a man who used a defense like this and the judge held him jail in contempt for several years; but both the internet or i have have a short memory and my only point was to be prepared to spend a couple of years behind bars if you do this and have a shitty judge (like most are).
The way around this could be a duress profile where it deletes everything on the phone except a premade profile with a few apps installed and a picture or two.