Suspects Can Be Forced to Provide Smartphone Passcodes, Rules New Jersey Supreme Court

Compelling a suspect to unlock a smartphone doesn't violate Fifth Amendment rights, New Jersey's Supreme Court ruled today (via NorthJersey.com), adding a new argument to the ongoing debate on whether those arrested can be forced to unlock their devices with biometrics or passcodes.

iphonepasscode
Courts around the United States have been split on the issue, with some determining that suspects cannot be forced to unlock an iPhone, while others have said it's not a rights violation. Most of these arguments have focused on biometric smartphone unlocking methods like Touch ID and Face ID, but New Jersey says that a criminal defendant can be forced to provide a passcode.

In the NJ case, prosecutors wanted access to two iPhones owned by former Essex County sheriff Robert Andrews, accused of secretly working with a street gang. Andrews argued that requiring him to provide a passcode would be a violation of his Fifth Amendment rights against self-incrimination, but the court rejected the argument and said that it only applies when the accused is "compelled to make a testimonial communication that is incriminating."

Fifth Amendment rights do not protect suspects from producing documents to use as evidence in cases, and the court considered the ‌iPhone‌'s text and phone call content to be documents.

The court, which was split on the decision 4 to 3, said that even if the passcodes were considered testimony, there was already evidence that there were texts and telephone exchanges between the sheriff and an alleged drug dealer, enacting a "foregone conclusion exception" to the Fifth Amendment because the state already knows about the texts. By providing the passcodes, Andrews would not be providing information the government is not already aware of. The full ruling with additional context is available from the NJ courts website [PDF].

Based on the record in this case, compelled production of the passcodes falls within the foregone conclusion exception. The State's demonstration of the passcodes' existence, Andrews's previous possession and operation of the cellphones, and the passcodes' self-authenticating nature render the issue here one of surrender, not testimony, and the exception thus applies. Therefore, the Fifth Amendment does not protect Andrews from compelled disclosure of the passcodes to his cellphones. The Court would reach the same conclusion if it viewed the analysis to encompass the phones' contents. The search warrants and record evidence of the particular content that the State knew the phones contained provide ample support for that determination.

Andrews' attorney, Charles Sciarra, called the court's ruling a "major defeat to the United States Constitution."

"Forget alleged criminal conduct: It's time to rethink whether you should keep anything simply private or personal on a personal electronic device because if the government wants it, they can now get it," he said. "If you are in a car accident they can go through your whole phone to see if you were a distracted driver."

The New Jersey Supreme Court ruling could have an impact on future court cases involving locked smartphones, and courts will continue to come to different conclusions on the issue of smartphone unlocking until the United States Supreme Court steps in and clarifies how constitutional rights and precedents apply to new technologies.

Note: Due to the political or social nature of the discussion regarding this topic, the discussion thread is located in our Political News forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Popular Stories

iPhone SE 4 Thumb 1

iPhone SE 4 With Apple's Own 5G Modem 'Confirmed' to Launch in March

Tuesday November 19, 2024 12:12 pm PST by
Barclays analyst Tom O'Malley and his colleagues recently traveled to Asia to meet with various electronics manufacturers and suppliers. In a research note this week, outlining key takeaways from the trip, the analysts said they have "confirmed" that a fourth-generation iPhone SE with an Apple-designed 5G modem is slated to launch towards the end of the first quarter next year. In line with previo...
at t turbo indicator iphone 16 pro max v0 8hrh7w5f3w1e1

AT&T Turbo Indicator Showing Up in iPhone Status Bar for Subscribers

Wednesday November 20, 2024 3:42 am PST by
AT&T has begun displaying "Turbo" in the iPhone carrier label for customers subscribed to its premium network prioritization service, according to reports on Reddit. The new indicator seems to have started appearing after users updated to iOS 18.1.1, but that could be just coincidence. Image credit: Reddit user No_Highlight7476 The Turbo feature provides enhanced network performance through ...
General Black Friday Deals 24 Green Tinsel

Apple Black Friday Deals Available Now: AirPods, iPads, and More

Friday November 22, 2024 5:28 am PST by
We're officially just one week away from Black Friday, which will take place on Friday, November 29 in 2024. As always, this week is the best time of the year to shop for great deals, including popular Apple products like AirPods, iPad, Apple Watch, and more. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and make a purchase, we may receive a small...
anker new xmas 1

Anker Kicks Off Massive Black Friday Sale With Up to 50% Off Sitewide, Free Gifts With Purchase, Mystery Boxes, and More

Thursday November 21, 2024 7:53 am PST by
Anker today kicked off its big Black Friday sale, which is set to run through December 9. This sale includes notable discounts on portable chargers, USB-C hubs, cables, and more. Note: MacRumors is an affiliate partner with Anker. When you click a link and make a purchase, we may receive a small payment, which helps us keep the site running. There are a few bonus offers during this event as ...
Apple 2024 Black Friday Shopping Event feature

Apple Announces 2024 Black Friday Event, Offering Up to $200 Gift Card

Thursday November 21, 2024 5:10 am PST by
Apple's annual four-day Black Friday through Cyber Monday shopping event is returning on Friday, November 29 through Monday, December 2 in many countries, including the U.S., Canada, Australia, France, Germany, Italy, Spain, the U.K., and others. During the event, customers can get an Apple gift card with the purchase of an eligible product. In the U.S., for instance, Apple is including gift ...
apple card feature2

Apple Card 3% Daily Cash Back Now Available From Two More Apple Partners

Tuesday November 19, 2024 10:36 am PST by
Apple has partnered with select merchants to offer Apple Card users three percent Daily Cash back on their purchases, and two new companies were added to the partner list today. When purchasing goods and services from Booking.com and ChargePoint, Apple Card users will now get more cash back. Booking.com is a site for reserving flights, cars, cruises, and hotels, while ChargePoint sells...
Generic iOS 18 Feature Real Mock

Apple Releases iOS 18.1.1 and iPadOS 18.1.1 With Security Fixes

Tuesday November 19, 2024 10:10 am PST by
Apple today released iOS 18.1.1 and iPadOS 18.1.1, minor updates to the iOS 18 and iPadOS 18 operating systems that debuted earlier in September. iOS 18.1.1 and iPadOS 18.1.1 come three weeks after the launch of iOS 18.1. The new software can be downloaded on eligible iPhones and iPads over-the-air by going to Settings > General > Software Update. Apple has also released iOS 17.7.2 for...
15 inch m3 macbook air

Amazon Takes Up to $300 Off M3 MacBook Air With New All-Time Low Prices

Wednesday November 20, 2024 7:05 am PST by
Amazon today has knocked the price off of multiple M3 MacBook Air models, with as much as $300 off select computers. Prices start at $849.00 for the 13-inch M3 MacBook Air (16GB RAM/256GB), and also include multiple 15-inch models as well. Note: MacRumors is an affiliate partner with Amazon. When you click a link and make a purchase, we may receive a small payment, which helps us keep the site ...

Top Rated Comments

gavroche Avatar
56 months ago

Not a chance. How exactly are they going to enforce that? Forcing them to provide biological data is one thing, but forcing them to speak something they've remembered? You can't force someone to talk, period.
oops... I entered it wrong five times, darn... it’s erasing my phone
Score: 48 Votes (Like | Disagree)
cmwade77 Avatar
56 months ago
Simple solution, Apple and Google need to build in a mechanism where if you enter a certain password/passcode, it immediately erases the phone using a completely secure erase mechanism.
Score: 42 Votes (Like | Disagree)
GermanSuplex Avatar
56 months ago
Not a chance. How exactly are they going to enforce that? Forcing them to provide biological data is one thing, but forcing them to speak something they've remembered? You can't force someone to talk, period.
Score: 37 Votes (Like | Disagree)
aardwolf Avatar
56 months ago
How do you compel someone? Are you going to waterboard us until we tell you the passcode?
Score: 27 Votes (Like | Disagree)
Rocko99991 Avatar
56 months ago
"By providing the passcodes, Andrews would not be providing information the government is not already aware of." Then you don't need my passcode bub.
Score: 21 Votes (Like | Disagree)
macsrcool1234 Avatar
56 months ago
idiot NJ at it once again.


Not a chance. How exactly are they going to enforce that? Forcing them to provide biological data is one thing, but forcing them to speak something they've remembered? You can't force someone to talk, period.
they'll throw you in for contempt until you do
Score: 19 Votes (Like | Disagree)