first prison term for refusing to unlock the iPhone was assigned

Jul

16

2018

It seems that for the first time in the history of judicial practice a person has been imprisoned for refusing to give law enforcement authorities a password to access his iPhone. This is reported by the American news channel FOX News referring to the official representatives of the court.

Prehistory
It all started on the evening of June 21, when the police stopped the car of William Montanes to write him a penalty for not complying with the rules of the road. As part of the detention, the police searched the car of Montanes and found some marijuana, weapons and two iPhone 7 , one of which, at the time of the seizure, showed the message “They found them.”

Detention
Since in many US states citizens are allowed to carry weapons, and marijuana is used for medicinal purposes, the genuine interest of law enforcement officers was caused by the message. On their request to unlock the smartphone, Montanes refused and was preemptively detained.

Forgot password iPhone
The judge, to whom the police applied for a warrant for the search of the iPhone, gave his consent and demanded that Montanes reveal the access codes. He, in turn, said that he does not remember passwords, because smartphones are completely new, and he did not have time to properly learn the necessary combination of symbols needed by law enforcement.

The judge regarded the actions of Montanes as a refusal to obey justice and decided to appoint him a real prison sentence for 180 days. The lawyer of the convict announced disagreement with the verdict of the judge and readiness to defend the right of his principal to the secret of personal correspondence and the confidentiality of private information.

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