I don't know the legal implications, but if the duress password unlocks your device and simply deletes a directory or two, and the officer only asked you to unlock your device (without a warrant, by the way), how is that lying?
The simplest example is asking “Do you know why I pulled you over?”. Typically, people spontaneously confess to speeding, sometimes they break down and admit that someone is wrapped up in a rug in the trunk.
The courts have consistently ruled that customs is different and you can be searched without a warrant. Don’t cross borders with contraband or evidence of criminal acts/dissident identity/your email correspondence with foreign agents/etc.
I was asked this once, after I read a hilarious reddit comment, and found myself in a similar situation. I looked at the cop and said "it's not because of the pot in my trunk is it?". "Step out and open your trunk, sir". He opened the trunk to find a crock pot I had just purchased. I could tell he was flipping through emotions from stifling laughter to being highly annoyed. They eventually let me go and told me to slow down with a half smirk.
I don't recommend doing this, and I have zero plans to ever do it again as it wasn't as simple as stepping out and showing my guilt/joke. I was detained, backup units showed up, even a K9. They didn't search the inside of my car, but they did inspect other items inside the trunk to make sure I wasn't pulling a fast one on them.
I was also pulled over once and accused of running a stop sign that I knew I didn't run, because I had seen the cop sitting there as I pulled up to the stop sign and made extra sure to completely stop. Due to the time of day, I believe he was (illegally) fishing for a DUI stop, and had considered filing a complaint with the department but never did.
>simply admitting
no your best option is not to say a GD thing. story time: i was once pulled over on the eastern shore by a cop that was barely my age. i didn't say a word to him for the 10 minute stop. that really messed with his mental state and I could tell his internal hard drive was returning a seek error. at the end he stammered out "o-okay, w-well you slow down and haveaniceday" then he quick walked back to his car and turned down a side road.
NEVER TALK TO COPS.
I'm sticking by what I said. As I clearly said in my post, I was only referring to minor traffic infractions where you know you're guilty. I guarantee I would have gotten some or even all of the tickets I got out of if I had blindly followed "NEVER TALK TO COPS" advice.
1. The probability of your being in a stressful situation without the option to leave is high - you probably arrived via plane, so you can't simply go back, and you don't know the local laws well.
2. You usually know that a customs checkpoint is upcoming.
So, in that case, it's far better to prepare (i.e. don't bring things you don't want searched/compromised) and cooperate.
I was once "detained" whilst going from France to England while the customs official searched my bag.
I complained to the UK immigration and the same customs officier called me back, searched my bag again, and said "unless you agree to withdraw your complaint, we are going to have to continue searching your bag until the train departs and you miss it".
i.e. costing me about £150 in expenses.
As expected, I withdraw it and went on my way.
However I now make a point to record the name / number of custom officials I make a complaint to -- in case they turn out to be jerks like the UK one was.
"It may harm your defence if when questioned you fail to mention something you will later rely on in court".
Failure to answer can seriously harm your defence and I've heard of people I personally know (though I wasn't in the courtroom) where the prosecution hammered the point that they "came up with a plausible sounding story" after the arrest.
Obviously Border Patrol is not the same as being arrested; but this is an important caveat for the video posted.
Talk to british police. If you feel like lying, keep your story straight or give basic facts.
As even the Wikipedia article on it[1] notes:
> If this failure occurs at an authorised place of detention (e.g. a police station), no inferences can be drawn from any failure occurring before the accused is allowed an opportunity to consult a legal advisor.
The "Don't talk to the police" is not the full point made in that video, it's "Don't talk to the police… until you've spoken to your legal advisor and not without a legal advisor present".
So, *don't talk to the police*, they're not your friends and they don't have your best interests at heart and it's their job to get evidence against you, not yours.
[1] https://en.wikipedia.org/wiki/Right_to_silence_in_England_an...
"Dr Heizenburg, do you know how fast you were driving?"
"No, but I know exactly where I am"
>"Dr Heizenburg, do you know how fast you were driving?"
>"No, but I know exactly where I am"
To which the police officer replies "You were driving at 145 km/h!"
Heisenberg whispers to his passenger, "Great Erwin, now thanks to this idiot we're lost". The officer overhears him, and angrily orders them out of the car. He searches their glove compartment, and then opens the car boot. He reels back in shock:
"Did you know there's a dead cat in your boot‽"
The passenger grumbles "Well, we do now…"
I would go as so far as to say that most border agent's that search phones are probably not even aware that this is a thing that people do. Sure they might have gotten training in a classroom for it, but as far as real world experience goes, maybe 1 out of every 5000 people has a setup like this.
> Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.
I mean, you’re not seeking to obstruct anything other than a federal agent looking at your personal pictures, which they explicitly do not need to fulfill their duty.
Now if you were removing evidence of your crimes.
Anyway, I know it doesn’t work that way, but I think it should.
Similar case law exists in this context, but for actions like running from the police.
IANAL but play one on tv
An attorney will tell you what is legal. An excellent attorney will tell you what you can get away with.
Strong language I know, but prisons are full of innocent people.