Q: Can a judge threaten me with 18 months of jail time if i refuse a data search of my phone? No warrant. Just an order.
I am not suspected of commiting a crime nor charged with a crime. I am victim of domestic violence. I have a reasonable expectation of privacy .
A:
Not out of the blue.
If you are a litigant in a case, or have been subpoenaed for discovery in a case, a judge can advise you that you could be held in contempt for violating a subpoena or court order and that the penalty for contempt includes jail time.
As an example, you mention that you are a victim of domestic violence. Logically, data on your phone concerning contacts between you and the perpetrator of that violence are quite likely to contain relevant information in any case arising out of the domestic violence. A text message from the perp threatening to kill you if you tell anyone might be relevant and important in prosecuting the perp. A text message from you to the perp threatening to report him/her for domestic violence because he/she did something you did not like might be relevant and important for the perp's defense.
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