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0 pointsrdancer10y ago0 comments

If the has been switched off or if >48h passed since the last unlock.

Also remember that rubber-hose cryptanalysis is always an option.

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newjersey10y ago

Can you be convicted in the US based on evidence obtained with physical torture?

Edit: Looks like the answer is it depends and not a resounding no

http://www.nolo.com/legal-encyclopedia/evidence-obtained-thr...

rdancerOP10y ago

Of course you can. As long as the courts can be persuaded that there is no causal nexus between the torture and the evidence, or if the torture actually isn't legally torture. That assumes that the defendant can show (or is even aware) the torture actually took place.

Examples:

* prolonged solitary confinement: not legally torture

* fellow prisoner violence: not legally torture, no nexus

* prolonged pre-trial confinement: not really torture, but we may as well include it

* waterboarding/drowning: not legally torture? (Supreme Court declined to rule)

* stress positions: cannot show it took place

* parallel construction: cannot show / not aware

tptacek10y ago

No, you cannot. Evidence derived from facts learned from torture is also excludable.

CamperBob210y ago

Sure, you can. It all depends on who gets to define "torture."

If they can find a judge who believes the iron maiden isn't torture while the anal pear is, then guess what... the government will use the iron maiden.

Even if they can't find such a pliable jurist, they'll have no problem getting a John Yoo to write an executive memo that justifies whatever they want to do to you, and let the courts sort it out later. There's no downside from their point of view.

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r00fus10y ago

Torture to get detailed info, use details to establish plausible parallel construction.

Enter parallel-constructed information as court-sanitized evidence.

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