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.
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