Police Blocked from Forcing Defendant to Give Phone Passcode

An Illinois appellate court recently upheld a lower court ruling that police could not compel a defendant to surrender his passcode in order to access his cellphone. The court determined that forcing the defendant to give up his secured digital information would violate the Fifth Amendment to the U.S. Constitution, which protects people from self-incrimination. The ruling is the latest development in an ongoing debate about whether the contents of a digital device should be treated as simply data or akin to personal testimony in a criminal case. Fifth Amendment In People v. Spicer, the defendant is charged with unlawful possession of a controlled substance and possessing a controlled substance with the intent to deliver. During a traffic stop, police allegedly found a pill bottle containing cocaine inside the defendant’s car. A court approved a warrant to search the defendant’s cellphone for supporting evidence, but police could not open the phone…

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