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from the ...-you-have-the-right-not-to-disclose-your-password... dept.
In the half-century since the Miranda decision, a lot has changed. For one, many of us carry smartphones containing a rich trove of personal data in our pockets that might interest law enforcement. In fact, it wasn't until 2014 that police officers nationwide were specifically ordered not to search people's phones without a warrant during an arrest.
In 1966, no one envisioned a world where we carried powerful computers in our pockets, so it's time for an update to the Miranda warning. A modernized version would need to make clear not only that anyone can refuse to speak, but that speaking might involve inputting a passcode to open up a phone. After speaking with several legal experts, here's our "digital Miranda," based on our best understanding of current law.
(Score: 2) by deimtee on Sunday January 01 2017, @10:36AM
Logically yes. But most people being arrested are not in any condition to sit and think rationally about it, or to calmly decide that the order the cop gives them to unlock their phone may come under the heading of an action - "anything you do" - that can be refused.
As a poster above says, the only reason the miranda works at all is because people have seen it so many times on tv. I think hearing it has basically become an instruction to shut up until your lawyer gets there.
If you cough while drinking cheap red wine it really cleans out your sinuses.
(Score: 0) by hvergelmir on Monday January 02 2017, @07:44AM
Yup agree with that. Basically anything you say will go over peoples' heads when you arrest them, especially in a chaotic situation.
And well, if you get arrested so often that you keep calm and know your miranda rights by heart I'm sure you know what your rights are and what you should (not) do...