Prosecutors can force defendants to give up cellphone passcodes, NJ Supreme Court rules

NorthJersey.com:

The New Jersey Supreme Court ruled Monday that a criminal defendant can be compelled to reveal his cellphone passcode to investigators, rejecting the argument that such a move violates the right against self-incrimination guaranteed by the Fifth Amendment of the U.S. Constitution.

In a closely watched case, the state’s top court narrowly sided with prosecutors seeking access to the phone data of a former Essex County sheriff’s officer accused of secretly working with a Bloods street gang. The court ruled 4-3, in a case that could have far-reaching implications for criminal investigations in New Jersey.

Click the headline link for details on the case. But this is an important piece of the ruling:

The state argued that even if the passcodes were considered testimony, Andrews should be required to provide them under a body of case law known as the “foregone conclusion exception” to the Fifth Amendment. The Prosecutor’s Office said Lowery told investigators about the text messages, which it used as a basis to obtain the search warrant. Thus, the texts were a “foregone conclusion” — they were known to exist — and the only thing stopping the state from seeing those potential pieces of evidence was Andrews, who knew the passcode.

This narrows the precedent. Still, a big ruling. Fascinating read. I expect this case to come up as an argument in future cases in other jurisdictions. A matter of time before an argument based on this case makes its way to the US Supreme Court.