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> If Mr. Curry had known to assert his status and rights under the Privacy Protection Act, he would probably be entitled to damages from the agents who searched
by jancsika 3y ago
> If Mr. Curry had known to assert his status and rights under the Privacy Protection Act, he would probably be entitled to damages from the agents who searched and seized his data.
Lawyers and only lawyers-- is there some kind of workable legislation that could require agents to inform citizens of their rights under the PPA before demanding access to the phone, something like Miranda rights but for interrogations?
It really sucks that this journalist can't get damages essentially because they forgot to do a null check right before the search.
- deleted 3y ago[deleted]
- nerdponx 3y agoThe Miranda ruling is weirdly narrow to me. Ideally you would be informed of your legal rights in any scenario, just to the particular case of arrest.
- olliej 3y agoAnd also courts routinely narrow it even further - things like a person saying "I think I want a lawyer" have been found to not be asking for a lawyer, etc
- singleshot_ 3y agoYou have a lot of rights. Many of them are conditional or depend on the facts of your situation. The fact that such a warning could potentially take hours to recite and be outside of the capability of law enforcement to understand make your proposal challenging. Miranda works because you can write those limited rights on a card in words small enough for a cop to say.