Criminal suspects can refuse to provide phone passcodes to police under the US Constitution's Fifth Amendment privilege against self-incrimination, according to a unanimous ruling issued today by Utah's state Supreme Court.
The questions addressed in the ruling could eventually be taken up by the US Supreme Court, whether through review of this case or a similar one.
The case involves Alfonso Valdez, who was arrested for kidnapping and assaulting his ex-girlfriend.
Police officers obtained a search warrant for the contents of Valdez's phone but couldn't crack his passcode.
Valdez refused to provide his passcode to a police detective.
The prevalence of passcodes that encrypt the information on electronic devices-which are often seized by law enforcement while investigating criminal conduct-has raised important questions about how the Fifth Amendment extends to law enforcement's efforts to unlock these devices and decrypt the contents inside.
These questions have proven to be especially complex where law enforcement attempts to access the contents of a seized device by means that do not require the suspect to disclose the actual passcode-like, for example, obtaining an order to compel the suspect to provide an unlocked device.
The Valdez case does not involve an order to compel a suspect to unlock a device.
Berkeley Law Professor Orin Kerr wrote today that the case could head to the US Supreme Court.
This Cyber News was published on packetstormsecurity.com. Publication date: Fri, 15 Dec 2023 15:43:04 +0000