Final's avatar Final
According to the defendant's motion to suppress in this case, the authorities refused to read him his rights and also made extreme, unfounded accusations such as checking for CSAM (which was never implicated to be under their possession nor was the defendant ever indicted for it, it is not in any court docs) to try and coerce them into unlocking their phone. It appears he chose the Duress knowing he was not given his rights. I would be interested to see how this case develops. Authorities CAN and WILL lie to you to try and incriminate you even if you have done nothing wrong. Do not talk to them, do not discuss your day and if you are in a questioning then exercise your right to remain silent and get a lawyer.
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To say someone is 'suspected of' something is not an indictment or even a credible accusation. The suspect has NEVER been indicted on any other charge except destruction of property to prevent a seizure. Their defence are arguing this to be thrown out given this seizure was done without respect to the suspect's legal rights. I'm not interested in changing my position unless there is a claim with evidence and there is not. You are innocent until proven guilty.
A GrapheneOS factory reset discards the key-encryption key that the secure element wraps for file-based encryption. What stays on the flash is ciphertext with no key left to open it. So if the wipe actually ran, there was nothing on that phone to search. Anything described afterwards came from before the reset, from a backup or a synced account, or from a second device. That gap matters beyond embarrassment: 'we searched the wiped phone' and 'we already had its contents' are different claims and need different warrants.
Primate's avatar
Primate 1 week ago
Create the irresistible alternative instead
So in this case it would have been better to provide no passcode? It looks like Graphene needs an option of a silent wipe - phone should just appear like it was empty, while wiping happens in the background.
The case underneath this is stranger than the headline: prosecutors allege the man used GrapheneOS's duress password feature to wipe his own phone, and the courts still don't agree on whether these warrantless border device searches are legal at all.
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