EFF to Supreme Court: Fifth Amendment Protects People from Being Forced to Enter or Hand Over Cell Phone Passcodes to the Police
Saki @ Saki @monero.town Posts 22Comments 99Joined 2 yr. ago
Saki @ Saki @monero.town
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EFF to Supreme Court: Fifth Amendment Protects People from Being Forced to Enter or Hand Over Cell Phone Passcodes to the Police
Reply in FIVE words. Your best friend tells you: “No, seriously. I’ve got nothing to hide.”
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You may be absolutely right about a warrantless search discussed in the “See also”. EFF’s opinion (the main link) is about something different, though somewhat related. The situation seems to be…
Police procured a search warrant for defendant's cell phone but were unable to execute the warrant because the cell phone was passcode protected and defendant refused to provide the passcode. Accordingly, the State filed a motion to compel production of the cell phone's passcode.
EFF argues that even in this situation with a warrant, Fifth Amendment protections against self-incrimination mean that the defendant can’t be forced to reveal the passcode: