Suspects Can Refuse To Provide Phone Passcodes To Police, Court Rules - Slashdot
source link: https://yro.slashdot.org/story/23/12/15/0022224/suspects-can-refuse-to-provide-phone-passcodes-to-police-court-rules
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Suspects Can Refuse To Provide Phone Passcodes To Police, Court Rulesbinspamdupenotthebestofftopicslownewsdaystalestupid freshfunnyinsightfulinterestingmaybe offtopicflamebaittrollredundantoverrated insightfulinterestinginformativefunnyunderrated descriptive typodupeerror
Valdez refused to provide his passcode to a police detective. At his trial, the state "elicited testimony from the detective about Valdez's refusal to provide his passcode when asked," today's ruling said. "And during closing arguments, the State argued in rebuttal that Valdez's refusal and the resulting lack of evidence from his cell phone undermined the veracity of one of his defenses. The jury convicted Valdez." A court of appeals reversed the conviction, agreeing "with Valdez that he had a right under the Fifth Amendment to the United States Constitution to refuse to provide his passcode, and that the State violated that right when it used his refusal against him at trial." The Utah Supreme Court affirmed the court of appeals ruling.
The Valdez case does not involve an order to compel a suspect to unlock a device. Instead, "law enforcement asked Valdez to verbally provide his passcode," Utah justices wrote. "While these circumstances involve modern technology in a scenario that the Supreme Court has not yet addressed, we conclude that these facts present a more straightforward question that is answered by settled Fifth Amendment principles." Ruling against the state, the Utah Supreme Court said it "agree[s] with the court of appeals that verbally providing a cell phone passcode is a testimonial communication under the Fifth Amendment."
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