New Jersey’s Supreme Court recently ruled that authorities can compel defendants to turn over their phone passcodes by obtaining a search warrant.
The 4-3 majority held that “neither federal nor state protections against compelled disclosure shield (the defendant’s) passcodes.”
The dissent raises concerns that a citizen’s right to privacy is “constantly shrinking” and a “direct violation of (the defendant’s) right not to testify against himself.”
“We are at a crossroads in our law,”……..“Will we allow law enforcement — and our courts as their collaborators — to compel a defendant to disgorge undisclosed private thoughts — presumably memorized numbers or letters — so that the government can obtain access to encrypted smartphones?”
An excellent article outlining the situation with more detail can be found here: