passcodes and electronic devices

[stalked]

I didn't want to hijack Namilies's thread:

http://www.daftmoo.org.uk/mooforum/s...5361#post65361

but, in it, Rights Fighter advises that the passcode should be provided on request 'so they don't think you have something to hide'

Interested in this as I would have thought that the investigator is unlikely to use anything they find to help the defence and may well twist something totally innocuous to support the prosecution.

My personal thoughts are that, in that situation, I have secured my devices for a reason - to protect private information - and I wouldn't feel comfortable about unknown third parties have access to private conversations, pictures, passwords, financial information etc. Not talking about anything sinister here, just the right to keep private things private.

However, if that would go against a falsely accused person in terms of negatiating a judicial process, then I can see that it would be better to comply.

Thoughts?

stalked

[Franticwithworry]

Once you are an accused person - or associated with an accused person - it seems you have no rights. My laptop was confiscated months ago along with all sorts if other computer equipment in the house. We had to give all the passwords and there is no indication when we will getting anything back.

Not only did the accused have no right to privacy, I didn't either.

[Rights Fighter]

If you do not give the password when asked that could be used against you at trial - it's called an "adverse inference".

Defence will have the chance to put their version of events should there be a charge.

With regards to privacy, you can of course change all passwords on social network sites, bank accounts etc.... so they cannot access those. They should only be interested in what is on the phone, not in what your other passwords are.

[stalked]

If you do not give the password when asked that could be used against you at trial - it's called an "adverse inference".

Defence will have the chance to put their version of events should there be a charge.

With regards to privacy, you can of course change all passwords on social network sites, bank accounts etc.... so they cannot access those. They should only be interested in what is on the phone, not in what your other passwords are.

Thanks Rights Fighter, it's good to learn the implications of withholding access. I guess most people will grant access in order to avoid jeopardising a fair trial.

Franticwithworry, your experience doesn't surprise me (but does annoy me). It also appears that any associated person who may have shared private information, communications or photos with an accused person (or someone associated) gets to have that accessed by some unknown spotty youth in the police IT department. Not good!