Dead Men's Phones Tell No Tales This Time

FrgMstr

FrgMstr

Just Plain Mean
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May 18, 1997
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What do the police in Florida do when they cannot unlock a dead man's phone? They head over to the funeral home and grab his cold dead hand and mash away with it. While this is not technically illegal in terms of searches, it seems some folks were not happy with the intrusion. And after all that, the phone still did not unlock.

Lt. Randall Chaney said it was an unsuccessful attempt to access and preserve data on the phone to aid in the investigation into Phillip’s death and a separate inquiry into drugs that involved Phillip, 30. While Chaney said detectives didn’t think they’d need a warrant because there is no expectation of privacy after death — an opinion several legal experts affirmed — the actions didn’t sit right with Phillip’s family.
 
Curious to why they were mad though if their just trying to figure out what killed the guy?
 
HIPPA has a 50 year privacy rule with certain provisions for organ donation, law enforcement, etc. The privacy rule can even prevent family from access if it's inconsistent with prior expressed preference except for the designated representative of the estate. This shows there is "an expectation of privacy" after death.

Legally remains are not property except for the purposes of burial/lawful disposition (ref State v. Powell, 1986, Florida). However, all the deceased's property, debts, and contracts become part of the estate.

Then there's the simple matters of professionalism, respect, and decorum that need to be maintained.
 
This is why you DO NOT F'ING USE FINGERPRINT UNLOCK. A court can compel you to provide your fingerprint to unlock a phone, they cannot (functionally and effectively) compel you to provide a security code or pattern. If you don't think you have anything to hide, what you think doesn't really matter, it's what the authorities seeking your private and personal data think that matters.
 
While Chaney said detectives didn’t think they’d need a warrant because there is no expectation of privacy after death — an opinion several legal experts affirmed — the actions didn’t sit right with Phillip’s family.
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MEANWHILE!!!!

https://www.msn.com/en-us/news/us/f...-death-report-says/ar-AAwaoEQ?ocid=spartanntp


some peoples expectation of security and privacy surpass and go beyond death....



just thought that was ironic...

edit: Sorry if this is somewhat irrelevant (but I don't believe it is in the grand scheme) feel free to delete my post.
 
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Nolan7689 said:
How the fuck is there no expectation of privacy after death?
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Our constitutional protections apply to citizens. You are not a citizen if you are not alive.

Once someone is dead you can't really do them any more harm, so...
 
one swell foop said:
This is why you DO NOT F'ING USE FINGERPRINT UNLOCK. A court can compel you to provide your fingerprint to unlock a phone, they cannot (functionally and effectively) compel you to provide a security code or pattern. If you don't think you have anything to hide, what you think doesn't really matter, it's what the authorities seeking your private and personal data think that matters.
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Can you imagine if the dead guy had a iPhone X? Imagine the cops surrounding his casket, trying to tape the dead guy's eyelids back onto his forehead and angling his head to get the phone to unlock. :D:ROFLMAO:
 
one swell foop said:
This is why you DO NOT F'ING USE FINGERPRINT UNLOCK. A court can compel you to provide your fingerprint to unlock a phone, they cannot (functionally and effectively) compel you to provide a security code or pattern. If you don't think you have anything to hide, what you think doesn't really matter, it's what the authorities seeking your private and personal data think that matters.
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This.

Plus, set the phone up to wipe everything on 3 blown attempts.

Too bad we can't force the battery to cook the entire phone, just to be sure.
 
There's an expectation of human decency. As long as they did it without a spectacle in front of the relatives, it's probably ok.
 
I can't help but think of the opening scene of Young Frankenstein. Given how attached some people are to their phones, I'm surprised the dead guy didn't try to keep it.
 
SomeoneElse said:
Just goes to show people have no idea how biometrics work.....
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It depends on the sensor. The latest sensors can detect subdermal features and require a living finger, but older, purely optical scanners work quite well even with dead blokes. IMO it was worth the attempt if the goal is worthwhile.

Don't ask me how I know this... :(
 
kac77 said:
Still didn't unlock...LMAO. At some point in this country all decorum, common sense, and humility has flown out the window. We have made being an asshole a virtue. It's not.
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There was never a point when being an asshole wasn't the norm. Nostalgia lies to you.
 
Gottfried Leibnizzle said:
It depends on the sensor. The latest sensors can detect subdermal features and require a living finger, but older, purely optical scanners work quite well even with dead blokes. IMO it was worth the attempt if the goal is worthwhile.

Don't ask me how I know this... :(
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Well actually some of the early models back in the dark ages (the 90's) specifically advertised they would NOT work unless they detected a living finger...but I'm sure there were those that were cheaper. This all puts me in mind of Dave Lister running around with a severed hand to fool the Red Dwarf computer.
 
one swell foop said:
This is why you DO NOT F'ING USE FINGERPRINT UNLOCK. A court can compel you to provide your fingerprint to unlock a phone, they cannot (functionally and effectively) compel you to provide a security code or pattern. If you don't think you have anything to hide, what you think doesn't really matter, it's what the authorities seeking your private and personal data think that matters.
Click to expand...

Except we are to the point where multiple courts have decided you can be compelled to provide your password to gain access to things. So you might be able to keep it to yourself if you don't mind being locked up in jail indefinitely.
 
Gottfried Leibnizzle said:
It depends on the sensor. The latest sensors can detect subdermal features and require a living finger, but older, purely optical scanners work quite well even with dead blokes. IMO it was worth the attempt if the goal is worthwhile.

Don't ask me how I know this... :(
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Ed Gein?

(NSFW)

 
raz-0 said:
Except we are to the point where multiple courts have decided you can be compelled to provide your password to gain access to things. So you might be able to keep it to yourself if you don't mind being locked up in jail indefinitely.
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"Sure, enter the password as I give it to you: 'F... U... C... K... O... F... F...' What, that didn't work? You must've misspelled it... Not my fault... And you lost the data? Gee, should've been more careful there, Sparky..."
 
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