BTW, one more lawyer's view on Samuel Tunick's case: https://www.youtube.com/watch?v=_2rokxux5cU
I like one of the top comment there: "_They’re basically trying to establish precedent to violate people’s privacy_". -I agree!
Just one more interesting precedent case from Russia:
In December 2020, Roman Kasenkov was detained in possession of narcotic substances. During a personal search, the police seized his mobile phone. Roman Kasenkov refused to voluntarily provide the police with the password to his smartphone; as a result, experts were unable to access the data stored on the device.
The courts of first instance, appeal, and cassation treated this refusal as evidence confirming his guilt: they assumed that the phone’s memory might contain proof of his involvement in drug trafficking. As a result, the man was convicted of attempted drug trafficking and sentenced to 10 years in a maximum‑security penal colony.
In Sep 2023 Supreme Court of Russia disagreed with the conclusions of the lower courts. The Supreme Court emphasised the following:
- Everyone has the right to protect their rights and freedoms by any means not prohibited by law (Part 2 of Article 45 of the Constitution of the Russian Federation).
- No one is obliged to testify against themselves (Article 51 of the Constitution of the Russian Federation).
- Under the presumption of innocence, the accused is not required to prove their innocence the burden of proof lies with the prosecution.
- A refusal to provide a password must not be interpreted to the detriment of the person or regarded even as indirect evidence of guilt.
- The lower courts’ conclusion about possible involvement, based solely on the fact that access to the phone was not obtained, is a mere assumption unsupported by evidence.
As a result, the Supreme Court found that the norms of the Constitution and the Criminal Procedure Code of the Russian Federation had been violated. It amended the verdict: the actions were reclassified under illegal acquisition and possession of narcotics on a large scale, and the sentence was reduced to 3 years and 3 months in a general‑regime penal colony.
But of course a criminal investigation and a border control are different things. If you’re entering a foreign country and refuse to provide the password at the control, they may not let you in simply as a way to punish you by other means.