Drudge Retort: The Other Side of the News
Tuesday, April 24, 2018

Most people agree what the Largo detectives did at the funeral home was legal. What they diverge on is whether it was appropriate. "I just felt so disrespected and violated," said Victoria Armstrong, whose fiance, Linus F. Phillip, was shot and killed by a Largo police officer last month. Armstrong, 28, happened to be at Sylvan Abbey Funeral Home in Clearwater the day two detectives showed up with Phillip's phone, she said. They were taken to Phillip's corpse. Then, they tried to unlock the phone by holding the body's hands up to the phone's fingerprint sensor.

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The cops killed this guy and then showed up with no warrant to pick over his corpse to prove what a bad guy he was.

#1 | Posted by MrSilenceDogood at 2018-04-24 04:35 AM | Reply | Newsworthy 1

This is why you should never use a fingerprint instead of a password/pattern for anything. ACAB.

#2 | Posted by qcp at 2018-04-24 08:45 AM | Reply

It is the middle ground between light and shadow, between science and superstition, and it lies between the pit of man's fears and the summit of his knowledge. It is an area which we call the Twilight Zone.

#3 | Posted by ABlock at 2018-04-24 08:52 AM | Reply | Funny: 5 | Newsworthy 1

Fourth Amendment violation? Did the LEOs have a search warrant?

#4 | Posted by docnjo at 2018-04-24 09:30 AM | Reply

They were likely looking to erase his cries for help.

#5 | Posted by BruceBanner at 2018-04-24 09:49 AM | Reply | Funny: 1

#4 | Posted by docnjo

Not sure how that works because they don't need a search warrant for your fingerprints. The case law is pretty settled on the matter - they can require you to use your finger to unlock the phone if you have it set up that way - so QCP's point should be considered.

What the key stone cops had no thought about are a couple things (keep in mind he was already at the funeral home so most likely dead at least a couple days):
- The thing is if that device had powered down it requires a pass code (I don't know of any that do not). Also if it was over a certain period of time - it requires a pass code (at least on an Apple device).
- Maybe more importantly a person's skin is going to change after they are dead and that will affect a fingerprint.

#6 | Posted by GalaxiePete at 2018-04-24 10:52 AM | Reply

#6, I think the way it's supposed to work is they need a warrant to search your phone, but once they have one they can compel you to use your finger to unlock it. They can not compel you to give them a password or pattern. Either way it's a bad idea to use a fingerprint. I'm not 100% sure they need a warrant to search the phone though, they could probably claim (falsely) there is some ticking time bomb type situation and skip the warrant. Either way people should never make it easier for the cops to f@&k them over.

#7 | Posted by qcp at 2018-04-24 11:17 AM | Reply

American cops have earned all the hatred they're receiving.

#8 | Posted by SpeakSoftly at 2018-04-24 11:55 AM | Reply | Newsworthy 1

Fourth Amendment violation? Did the LEOs have a search warrant?

#4 | POSTED BY DOCNJO

He's dead. He doesn't have Fourth Amendment protections anymore under the law.

Not my personal opinion as to how it should be. Just the legal standard.

#9 | Posted by Sycophant at 2018-04-24 12:46 PM | Reply

"He doesn't have Fourth Amendment protections anymore under the law."

If he's dead, what are they searching for?

#10 | Posted by snoofy at 2018-04-24 01:33 PM | Reply

One dark day in the middle of the night two dead boys got up to fight.
Back to back they faced each other, drew their swords(iPhones) and shot each other.
The deaf policeman heard the noise and came and found the two dead boys.
If you don't believe this lie that's true just ask the blind man he saw it too.

#11 | Posted by donnerboy at 2018-04-24 01:41 PM | Reply

#10 | Posted by snoofy Private property remains private, or it should be. Under Texas law, The LEOs have to have a warrant to collect intelligence from a dead person's devices. Seems to be the case in Oklahoma also. Took a while to get a computer back from the OSBI after a friend of mine was murdered. Most devices have a back door that the manufacture installs and is available to law enforcement.

#12 | Posted by docnjo at 2018-04-24 02:22 PM | Reply

He's dead. He doesn't have Fourth Amendment protections anymore under the law.
Not my personal opinion as to how it should be. Just the legal standard.

#9 | POSTED BY SYCOPHANT

But the person who inherits his property upon his death has rights. I doubt they submitted to a search under such circumstances.

#13 | Posted by johnny_hotsauce at 2018-04-24 04:27 PM | Reply

#10 | Posted by snoofy Private property remains private, or it should be. Under Texas law, The LEOs have to have a warrant to collect intelligence from a dead person's devices.

#12 | POSTED BY DOCNJO

Actually, I'm not sure Texas has ever ruled on this specific issue. Definitely feel free to prove me wrong but I'm genuinely curious.

#14 | Posted by Sycophant at 2018-04-24 04:59 PM | Reply

He's dead. He doesn't have Fourth Amendment protections anymore under the law.
Not my personal opinion as to how it should be. Just the legal standard.
#9 | POSTED BY SYCOPHANT
But the person who inherits his property upon his death has rights. I doubt they submitted to a search under such circumstances.
#13 | POSTED BY JOHNNY_HOTSAUCE

Unfortunately not the way it works in the legal world. They have inheritance rights but not Fourth Amendment rights immediately.

#15 | Posted by Sycophant at 2018-04-24 05:00 PM | Reply

#15 | Posted by Sycophant, To avoid challenges in any future trials, most LEOs get a warrant before they unlock a computer of phone.

#16 | Posted by docnjo at 2018-04-24 08:41 PM | Reply

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