September 30, 2023


Put A Technology

Does the Fifth Amendment protect password disclosure

Jack Greiner, attorney for Graydon

Does the Fifth Modification privilege towards self-incrimination protect against a court from buying a legal defendant to hand about the passcode to his smartphone?

In accordance to a Florida appellate court docket (coincidentally, the  fifth appellate district), the respond to is certainly.

Jonathan Garcia is the defendant in a criminal circumstance in which he allegedly broke a window at the home of the new boyfriend of his ex-girlfriend, Ana Diaz. When law enforcement arrived at the house to examine, they identified a Samsung Galaxy Be aware 8 smartphone, roughly 4 ft from the broken window.

Diaz recognized the cellphone as belonging to Garcia and verified this truth for the investigating officers by contacting Garcia’s cellphone range. The Samsung cellular phone in question commenced to ring, and Diaz’s title and telephone quantity have been exhibited on the telephone display screen. The police retained the phone as probable evidence.