I was a juror on a trial where this was tried.
The prosecution showed logs from the mobile phone companies’ towers showing where it have been seen, including overnights, and calls from it to the guys friends. Also didn’t help him that it was on a loan application in his name.
This helped convict them of aggravated burglary.
(Incidentally, one of the others failed to provide his passcode but we found it implausible that he could have forgotten it, unlike the USA in England this is absolutely something you can be done for here and he was. I don’t want to get in to the pros/ cons of this law but the basic idea is that its seen as a key, albeit intangible, to a locked container which investigators can require you to open)
andylynch|2 years ago
This helped convict them of aggravated burglary.
(Incidentally, one of the others failed to provide his passcode but we found it implausible that he could have forgotten it, unlike the USA in England this is absolutely something you can be done for here and he was. I don’t want to get in to the pros/ cons of this law but the basic idea is that its seen as a key, albeit intangible, to a locked container which investigators can require you to open)
vasco|2 years ago
Not sharing the password should be obviously protected, but saying the phone isn't yours when in your person is harder to try and get away with.