Alerts6.26.20
Defendant’s Refusal to Unlock Smartphone Upheld by Indiana Supreme Court
Highlights
Smartphones have become a major gateway to electronic personal information
Information contained or accessed by a smartphone is testimonial in nature
Absent certain narrow exceptions, unlocking a smartphone is protected as a Fifth Amendment right
The Indiana Supreme Court has ruled on whether a suspect in an ongoing investigation can be compelled to unlock their smartphone to aid authorities in their investigation. In a 3-2 decision released June 23, the court held that an individual’s decision to not voluntarily unlock their smartphone is protected by the U.S. Constitution’s Fifth Amendment.
Keep Up to Date in a Changing World
Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you’re interested in learning more about.
