I appreciate this post but would anyone like to guess just how long it takes for LE to get past the screen lock on your phone? As you as you are talking to the detective (or as you say nothing but ask for an attorney) the guys in the back just cracked your phone. They don't give a shit about your rights and your not getting your phone back anytime soon.
Originally Posted by FunMonday
That’s a wonderful imagination you have. Do some research, there is a reason prosecutors at the state and federal level have spent ridiculous amounts of money taking 5th amendment cases on appeal in an attempt to compel a person to divulge a password. You can choose to not believe me all you want, but no, the cops cannot simply “hack” your phone. This is also the reason all the supposedly “hacked” celebrity photos are actually as a result of phishing scams.
Biometric locks are however different and I suggest disabling. You’re technically not being compelled to self incriminate by the cops pressing your finger or scanning your face.
Edit:
A cop might violate your rights all day long, however this invokes the “fruit of the poisonous tree” doctrine, and a judge will dismiss any evidence as a result unless it can be proven that the evidence could have and would have been found from independent and proper investigation.