3 ms·
It's not "of course", if there is no 5th amendment protection then you can be forced to give the passcode. The New Jersey case the article mentions is about exa
by vilhelm_s 3y ago
It's not "of course", if there is no 5th amendment protection then you can be forced to give the passcode. The New Jersey case the article mentions is about exactly that. [https://law.justia.com/cases/new-jersey/supreme-court/2020/a-72-18.html https://law.justia.com/cases/new-jersey/supreme-court/2020/a...]
- bryan0 3y agoOk thanks for the info. That case seems to be about if you can be charged with a crime if you refuse to reveal your password with a search warrant. While the case for this article seems to be about whether refusing to give a passcode when questioned by police can be used in court against you. My “of course” comment above was about refusing police questioning (Miranda rights). not refusing a search warrant. That does seem like a much trickier issue. Edit: added the clarification about Miranda rights
- vilhelm_s 3y agoThe case for this article is also about a search warrant. > At some point thereafter, the officers obtained a search warrant for the contents of Valdez’s phone. But they were unable to access the phone’s contents because they could not crack his passcode. So a detective approached Valdez, informed him that he had a warrant for the contents of the cell phone, and asked Valdez to provide his passcode. Valdez refused. Without the passcode, the police were never able to unlock the phone to search its contents
- bryan0 3y agoWow I don’t know how I missed that. Thanks.