Where does the warrant come in?
Whenever you want.
Gov wants your crypto and stuff. It has to go through the Apex. You say no.
Just a broad hypothetical, as I feel the Apex is different than the other typical implants.
This discussion is sure to drift to this particular point eventually, so Iāll just say it out loud right now: in a country that respects human rights, your bodily integrity would not be violated and no court would order your asset surgically removed. It is my opinion that the US is not such a country.
More worryingly, I bet they would scalpel out your chip on mere suspicion that you might have bitcoin stashed away with it. Thatās more worrying because the people in position to order the removal usually donāt understand jack shit from a technical point of view: Iām pretty sure a prosecutor could successfully argue for removal ājust in caseā, or to put your suspicious chip at the disposal of the forensics lab, even if they end up finding nothing on it.
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I mean, it is answering my question, you make great points. I wouldnāt put it past them to try everything to get it out.
Well at the end of the day, the question is answered by the following juxtaposition of words: Magna Carta <-> USA <-> Gitmo. What do you expect from such a country?
This would probably be the situation in most countries.
Anyone a patreon to LegalEagle that could ask?
Hereās another good example, what if you had a PegLeg or the new bodybyte in the works on discord. You have sensitive information on it from x country and they know that the info is on there. But you refuse to let them power it or even tell them the password. What would they do?
Are hypotheticals allowed on r/legaladvice? They donāt
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I can think of one example, but I canāt cite it directly.
There was a person in jail who had substantial amounts of gold and diamonds in his teeth. A court order was issued to remove them for restitution. It was done in a rush to prevent opposing counsel from objecting. Fortuneatly they got there in time and had a stop put to it before anything was extracted.
This shit happens in real life.
Summary
Prosecutors Want Dental Jewelry, but Defendants Are Spared
By Adam Liptak
- April 8, 2006
Federal prosecutors in Washington State tried to remove elaborate customized dental jewelry bonded to the teeth of two accused drug dealers, saying the jewelry was bought with drug money and should be forfeited to the government.
The men were on their way to a dental clinic Tuesday morning when their lawyers learned of the effort, rushed to court and persuaded a judge to halt it.
The prosecutors had been granted permission to remove the jewelry in a secret proceeding in the federal court in Tacoma. In a sworn statement dated March 29 and unsealed this week, a federal agent, Brice P. McCracken, told a judge that the two men, Donald L. Lewis and Flenard T. Neal Jr., had used money from selling marijuana and cocaine to buy dental āstatus symbols which drug traffickers purchase to portray their status in the criminal community.ā
Mr. Lewis and Mr. Neal are awaiting trial in Tacoma on drug and gun charges. They have pleaded not guilty.
The dental jewelry, known as grills, cost āfrom $1,000 to anywhere in excess of $25,000,ā Special Agent McCracken wrote, saying he based his assessment in part on research he had conducted on a Web site called gangstagold.com.
Zenon P. Olbertz, a lawyer for Mr. Lewis, said he was troubled by both the prosecutorsā secrecy and their zeal.
āThe government has a legal right to take property, in general, that was obtained though illegal acts,ā Mr. Olbertz said. āBut the process of covertly maneuvering to go essentially into someoneās body to remove things that have been attached is frightening.ā
After Mr. Olbertz rushed to court Tuesday morning, Magistrate Judge J. Kelley Arnold, in a document captioned "In the Matter of the Seizure of Removable Dental Appliances Commonly Known as āGrills,ā " forbade the removal of the jewelry on the ground that it could āunduly compromiseā the two menās ādental health.ā
Jeff Sullivan, the chief of the criminal division of the United States attorneyās office in Seattle, said prosecutors had not known that the grills were bonded to the defendantsā teeth.
āWe believed that these were easily removable jewelry,ā Mr. Sullivan said, ālike taking out a diamond earring.ā
Given the intrusiveness of the procedure, he added, the defendantsā lawyers should have been contacted.
āWe should have done it better,ā Mr. Sullivan said. āWe donāt intend to pursue this matter any longer.ā
A version of this article appears in print on April 8, 2006, Section A, Page 8 of the National edition with the headline: Judge Spares Defendants (and Jewelry) a Trip to the Dentist. Order Reprints | Todayās Paper | Subscribe
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You are a spy therefore considered to have no rights (IDK what i am talking about ^^)
Ok talked about this with a a LEO friend whoās a pretty decent legal beaver, hereās what his take is
Everything depends on state and circumstances and a dozen points of variance but his guess is
When they arrest you, they would make you a ward of the state
As such they are now responsible for your self being
They could easily claim that a ānon fda approvedā hacker implant is unsafe and have it removed
Once itās removed they could file it as evidence and have their way with it
Thereās a whole interesting talk about being forced to divulge passwords or keys
In regards to 5th amendment, so non American rules would likely be different
The cliff notes were, if it exists ONLY in your brain, they canāt force you
If they can get it any other means itās semi fair game
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Posted on r/legaladviceofftopic, might get deleted by a mod, might get some good responses we will see.
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Feel free to repost here, curious
Got a copy of it? Itās behind a paywall.
Itās worth noting too, there is currently a big pushback against civil forfeiture which is related to this and also bullshit
I would argue that they leave junk in people all the time.
It might be hard to convince a doctor that it is medically needed for removal. Plus, could just point them to the approval for pet chips.
Clearly there is plenty of ammo for a counter argument
But that would be their easiest first salvo, which had a chance of success
Just keep it a secret
maybe have a decoy (if were a crypto account), something to keep them occupied.
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fixed.