New Jersey's top court: Defendant must share phone passcodes

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The Supreme Court of New Jersey rules a defendant must turn over the passcodes for his two phones in response to a search warrant, opening the way for law enforcement to compel other defendants in the state to do the same.

TRENTON, N.J. — The Supreme Court of New Jersey ruled a defendant must turn over the passcodes for his two phones in response to a search warrant, opening the way for law enforcement to compel other defendants in the state to do the same.

Andrews had appealed an order from a lower court to turn over the passcodes to his phones so authorities could execute a search warrant on phone calls and texts between the two men. Sciarra argued, in part, that Andrews did not have to turn over the passcodes because the Fifth Amendment protected him from self-incrimination. But the court found the passcodes were not “testimonial” and noted Andrews did not challenge the search warrants, which give the state “the right to the cellphones’ purportedly incriminating contents,” theJustice Jaynee LaVecchia, who authored the dissenting opinion, said the law had reached a crossroads.

Source: Law Daily Report (lawdailyreport.net)

 

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Sounds like a good opportunity for an App that -when you enter a specific code - deletes the contents of your phone.

Excellent!

I would ‘forget’ my passcode 5 times at which time the phone will security-wipe itself. If I’m guilty then I’m certainly not volunteering to make law enforcement jobs easier. iDontShare

I have nothing to hide so to me it's not an issue but the government can't force people to give their passwords the same way it can't force the phone companies to unlock a phone. Take it to the Supreme Court.

NYGovCuomo and blue states democrats ought to do the same should the corrupt GOP failed to come to the table. They should also use part of it to secure elections in their respective states. They will be reimbursed by SpeakerPelosi SenSchumer when the Dems get power after 11/3.

I forgot mine. How about you? 😉

Or what?

Fuck no

When magats actually read this story and see who the man in question is:

This is why I set my device to self-wipe after a set number of failed passcode entry attempts. I’d simply provide the wrong passcodes. 😏

Just smash them with a hammer....worked for Hillary 🤷‍♂️

Yes!!! No problem unless you’re doing something criminal

“Will we allow law enforcement -- and our courts as their collaborators -- to compel a defendant to disgorge undisclosed private thoughts -- presumably memorized numbers or letters -- so that the government can obtain access to encrypted smartphones?” Justice Jaynee LaVecchia

US_Rep can never remember those things. Especially under pressure. Better to just crush and burn the old ones, because... No.

Whoops! I accidentally typed in the wrong pass code 3 times and wiped my phone. 😁

What if the defendant forgets the passcode from stress? How will you force this out?

Finally a sensible decision!

.....ok

It has been so long that I have now forgotten the passcodes. Sorry, wish I could help but I can not.

Try “Bosco”!

What if they can't remember it? 😆

What if you just can’t remember what they are?

Sounds like an infringement on my 5th amendment right to not incriminate myself. I wonder if this would ever reach SCOTUS?

It would seem intuitive that you can’t legally make a dwelling or other building immune from a search warrant by making it inaccessible, so why should you be able to do so with a digital space? Wouldn’t it give anyone with a lot of resources the ability to flout the law?

How is this not a blatant 5th amendment violation?

What if he 'forgot' them?

Again, a myopic court that goes against an already well settled issue. This will never prevail.

Bull shit

Took a holiday abroad without a mobile recently. Immigration took me out and asked for it. Wanted to know my social media accounts..Was in some east european nation..Soon it be a crime to travel without one. As governments demand spying rights on you 100% of the time!

just put in the password 10 times incorrectly and the photo auto wipes itself.

This is government-compelled speech and court-ordered self-incrimination. Violates 1A and 5A.

A little late I'd say. The FBI and other agencies having to pay millions to crack criminals' phones.

Пароли от телефонов для чего? Если телефон придумали ЦРУ, они что не могут без пароля узнать содержимое? Бред

What about if defendant have multiple phones or not having phone njcourts ?

Defendants must also turn over the location on where they hid the murder weapon.

I forget.....problem solved.

It's screen background. via Electronic Frontier Foundation (EFF)

* Disables biometric and pattern locks. Passcode only. *

This is so wrong. Also settled law. The state may want you to open your mind and share all it's contents but the fifth amendment protects you from this. Really hope a higher court overturns this. What a dangerous precedent!

So.. The answer is no

I’d rather sit in jail.

Right to remain silent

What if he says no? Do they get to ask him really sternly the next time?

cue someone putting a wipe code on their phone via custom firmware and giving that code to law enforcement...

Short of torture, I don't think anyone can 'make' me do anything.

Sometimes passcodes are tricky to remember. 🤔

two simple words: 'I forgot.' let them try and prove he didn't.

I thought the supreme court ruled you couldn't do this a few years ago

Give us your pass codes or else!

I'd say no to that as well. I'd wipe my phone clean.

This ruling is correct. If there's a valid search warrant in play, you should be compelled to provide access to the information sought. At the same time, there's no reason people can't use Signal or other apps that provide for fully-encrypted and untraceable communication.

I see the 5th amendment must have been repealed.

Sorry, this case took so long to resolve I've forgotten it.....

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