Utah Supreme Court set to decide if cell phone passcodes are protected under the Fifth Amendment right against self-incrimination
On Wednesday, the Utah Supreme Court heard arguments in a case involving a man convicted of kidnapping, assaulting and robbing his ex-girlfriend. Police sought a warrant for Alfonso Margo Valdez's cell phone as part of their case. However, he refused to give them the passcode for the phone's lock screen.
Assistant Solicitor General John Nielsen argued that this was no different than a signature or a key, things that can be compelled under a search warrant. But Chief Justice Matthew Durrant questioned if the password in someone's mind can be compelled. "We have a new series of cases here and the concepts should fit not just with the history of the Fifth Amendment... but should also take into account the realities of what’s going on and the realities of encryption," Nielsen said.
Valdez's case has drawn support from the American Civil Liberties Union and the Electronic Frontier Foundation. The civil liberties groups submitted a"friend of the court" brief, urging the Utah Supreme Court to side with Valdez.
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