In 2015, Robert Andrews, a police officer with the Essex County (N.J.) Sheriff’s Office, was accused of passing information about a narcotics investigation to the suspect. Investigators arrested Andrews and seized his iPhones, believing they contained calls, text messages and other information relayed to the suspect about how to avoid prosecution. However, investigators were unable to unlock Andrews’ phones without his pass code. At trial, state prosecutors filed a motion to compel Andrews to divulge the pass codes for his iPhones so that they could access the information stored on the phones. Andrews objected to the motion, arguing that forcing him to divulge the pass codes would violate the guarantee against compelled self-incrimination contained in the Fifth Amendment to the U.S. Constitution.
Although the trial court acknowledged that the information Andrews kept on the phone might incriminate him, it ruled that he could be forced to provide the pass codes because it was a “foregone conclusion” that the evidence was present on the phone, and Andrews had no right to withhold access to that evidence. The ruling was appealed twice, but in each case, the courts affirmed the “foregone conclusion exception,” concluding that there is no significant act of self-incrimination in forcing Andrews to reveal the passcodes. Andrews filed a petition with the U.S. Supreme Court requesting that the court review and reverse the decision because it is in conflict with other decisions around the country ruling that forced disclosure of pass codes does violate the Fifth Amendment. In an amicus brief supporting Andrews’ request for review, The Rutherford Institute and its coalition partners argue that compelled decryption of digital devices violates the Fifth Amendment’s fundamental purpose by compelling an accused to choose between self-incrimination through decryption or contempt for failing to comply.
The amicus brief in Robert Andrews v. State of New Jersey is available at www.rutherford.org.
The Rutherford Institute, a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.
Source: https://bit.ly/3pLMkZn
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