Photo: iStock Appellate Division: State Can Compel Defendant to Provide Cellphone Passcode
The appeals court said the lower court "erred by misapplying the foregone conclusion standard and importing Fourth Amendment principles into what is purely a Fifth Amendment inquiry."
April 22, 2022 at 04:22 PM
4 minute read
The New Jersey Appellate Division, clarifying the "forgone conclusion" standard's application to password-protected electronic devices, has reversed a lower court's ruling that blocked law enforcement from forcing a defendant to hand over the passcode to his cellphone.
The appeals court said the lower court "erred by misapplying the foregone conclusion standard and importing Fourth Amendment principles into what is purely a Fifth Amendment inquiry."
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