Do you have to provide police with password?

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queenstown

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#146980 4-Jun-2014 22:56

Do you have to provide police with password? Just curios

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#1059450 4-Jun-2014 23:06

Might help if you wrap some context around your question, then all sorts of people will be able to give you more accurate incorrect answers.

Coil

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#1059452 4-Jun-2014 23:13

Depends on what for. Usually no.

OMGpjay

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#1059459 4-Jun-2014 23:23

Context?

macuser

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#1059468 4-Jun-2014 23:35

OP was caught with enough weed to sell a few weeks ago. Prob just want to search for book keeping / people who may have bought from him

nigelj

856 posts

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#1059481 4-Jun-2014 23:50

OMGpjay: Context?

If I was to guess, I'd say it's something to do with his post last month here http://www.geekzone.co.nz/forums.asp?ForumId=48&TopicId=145364 per that he got busted/charged apparently for supply. Guess the cops want extra proof.

My answer is: Haven't you got Legal-Aid yet (or a lawyer on retainer)? This is procedural stuff here than criminal lawyers know like the back of their hands, but hunch is "no, not unless they have a warrant" but my hunch is also that the Misuse of Drugs Act (I think thats the one you hear them quoting a lot on Police Ten-7) for instance has a ton of non-warranted search provisions for say cars etc if the Police suspect something that there could be easily a provision. So again, you need to ask a lawyer not Geekzone.

Generally though, if the Police really care about what is on something, they'll get a warrant.

(Side note, writing this, I do recall overhearing an interesting dialogue ~5 months back between a suspect (just released out of the cells) and a cop at Henderson while in their Reception (I was after a form, nothing bad ;)), the cops had done the guy for breaking into a car, and taken the guy's phone, but wouldn't release it back to him until (and rough quotes) "we've had the techies break the lock code and look at your texts" (i.e. 'we want to see if you were stupid enough to document your crime on your phone'), certainly didn't seem to sit right with me, it certainly seems the cops have more powers than they used to when it comes to accessing technical data without a warrant, because surely if the guy consented, he would've given them his unlock code...)

Coil

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#1059483 4-Jun-2014 23:54

nigelj:

(Side note, writing this, I do recall overhearing an interesting dialogue ~5 months back between a suspect (just released out of the cells) and a cop at Henderson while in their Reception (I was after a form, nothing bad ;)), the cops had done the guy for breaking into a car, and taken the guy's phone, but wouldn't release it back to him until (and rough quotes) "we've had the techies break the lock code and look at your texts" (i.e. 'we want to see if you were stupid enough to document your crime on your phone'), certainly didn't seem to sit right with me, it certainly seems the cops have more powers than they used to when it comes to accessing technical data without a warrant, because surely if the guy consented, he would've given them his unlock code...)

And mine goes WIPEEEEEE when that happens.

nigelj

856 posts

Ultimate Geek

#1059487 5-Jun-2014 00:18

TimA:
nigelj:

(Side note, writing this, I do recall overhearing an interesting dialogue ~5 months back between a suspect (just released out of the cells) and a cop at Henderson while in their Reception (I was after a form, nothing bad ;)), the cops had done the guy for breaking into a car, and taken the guy's phone, but wouldn't release it back to him until (and rough quotes) "we've had the techies break the lock code and look at your texts" (i.e. 'we want to see if you were stupid enough to document your crime on your phone'), certainly didn't seem to sit right with me, it certainly seems the cops have more powers than they used to when it comes to accessing technical data without a warrant, because surely if the guy consented, he would've given them his unlock code...)

And mine goes WIPEEEEEE when that happens.

Good choice, but I think the implication partly was, "we'll get around the lock [and any other security]", I can't remember the exact wording of what was said just that it seemed very cavalier, there was something funky with Apple/iOS and Law Enforcement device PIN override requests I seem to recall (Googling brings up articles like http://www.cnet.com/au/news/apple-deluged-by-police-demands-to-decrypt-iphones/ from a year ago along those sort of lines, but also a recent article that implies that Apple will only decrypt iPhones if Law Enforcement present the device and search warrant to Apple Head Office in person with a device to transfer the copied data onto, good move I guess).

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sleemanj

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#1059495 5-Jun-2014 02:36

Apart from your identity, we still have a right to silence in this country.

---
James Sleeman
I sell lots of stuff for electronic enthusiasts...

sbiddle

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#1059503 5-Jun-2014 07:01

All SMS messages in NZ are stored at the request of the NZ Police anyway. All that is required is a warrant to access them.

It amazes me even after the number of court cases lately involving incriminating messages that criminals are still dumb enough to use them as a method of communication!

MikeB4

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#1059510 5-Jun-2014 07:26

Hmmmm, these threads. Why ask for legal advice on a tech forum?

JayADee

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#1059511 5-Jun-2014 07:34

I don't know but it makes interesting reading.

Coil

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#1059530 5-Jun-2014 08:24

KiwiNZ: Hmmmm, these threads. Why ask for legal advice on a tech forum?

Dunno.
So we can guess at it.

My logic would depict without a search warrant they cant do anything. That would probably have to be issued by a court.

Would a police officer be able to demand the access to a key coded door?

DravidDavid

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#1059531 5-Jun-2014 08:25

nigelj:
(Side note, writing this, I do recall overhearing an interesting dialogue ~5 months back between a suspect (just released out of the cells) and a cop at Henderson while in their Reception (I was after a form, nothing bad ;)), the cops had done the guy for breaking into a car, and taken the guy's phone, but wouldn't release it back to him until (and rough quotes) "we've had the techies break the lock code and look at your texts" (i.e. 'we want to see if you were stupid enough to document your crime on your phone'), certainly didn't seem to sit right with me, it certainly seems the cops have more powers than they used to when it comes to accessing technical data without a warrant, because surely if the guy consented, he would've given them his unlock code...)

I'm going to go ahead and call that a very large dirty bluff for a non technical/stupid person. I doubt they have enough staff to have a dedicated Windows Phone/Android tech on site for cracking the phones of street criminals. I'd hope they would be somewhere else doing all the important work on important cases.

I believe they were baiting him in to letting something loose he may not have otherwise.

itxtme

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#1059541 5-Jun-2014 08:38

Plead the fifth! oooh wait....

MikeB4

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#1059542 5-Jun-2014 08:46

TimA:
KiwiNZ: Hmmmm, these threads. Why ask for legal advice on a tech forum?

Dunno.
So we can guess at it.

My logic would depict without a search warrant they cant do anything. That would probably have to be issued by a court.

Would a police officer be able to demand the access to a key coded door?

I wouldn't do that if I had an expensive coded lock, under certain circumstances I believe the police have the right of entry without a warrant and can force entry it needed, but a lawyer would advise on that. If I had nothing to hide I would say sure come in, politeness and cooperation goes a long way.

Edit;

" When do the police have the power to enter without a warrant? A number of Acts give the police powers of entry without a warrant, to investigate or prevent crimes being committed. There is also a general and often used power under the Search and Surveillance Act. Entry can involve using force if this is necessary. For what types of offences do the police have the power to enter without a warrant? The police have the power to enter premises without a warrant in connection with a wide range of imprisonable offences, including offences under the following Acts:

Land Transport Act 1998
Arms Act 1983
Prostitution Reform Act 2003
Animal Welfare Act 1999
Immigration Act 2009
Misuse of Drugs Act 1975."

http://www.communitylaw.org.nz/community-law-manual/chapter-27-police-powers/police-powers-of-entry/

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