Fasil Teklemariam's body was discovered in his Washington, D.C., apartment in April. He died from "multiple blunt force" and "sharp force injuries," authorities said.
Payne’s Special Conditions of Parole included a more
detailed condition (“special search condition”) concerning
electronic devices:
You shall surrender any digital/electronic
device and provide a pass key/code to unlock
the device to any law enforcement officer for
inspection other than what is visible on the
display screen. This includes any
digital/electronic device in your vicinity.
Failure to comply can result in your arrest
pending further investigation and/or
confiscation of any device pending
investigation.
He refused, which did violate his parole.
At this juncture, CHP officers would have been justified
under Payne’s special search condition in either
“confiscati[ng] . . . [the] device” or “arrest[ing] Payne
pending further investigation.
Instead, Officer Coddington
forcibly grabbed Payne’s thumb and used it to unlock the
phone via a built-in biometric unlocking feature.
It’s the last bit that is the important part. That is not part of the conditions of the parole. And that is what the court found was not a rights violation.
Isn’t this because the conditions of his parole required him to provide this?
That was part of it:
He refused, which did violate his parole.
It’s the last bit that is the important part. That is not part of the conditions of the parole. And that is what the court found was not a rights violation.