Warrant Requiring a Defendant to Provide his iPhone Password Sparks Litigation That is Unprecedented in California

Searching of iPhone; San Diego Criminal Defense

I am fortunate to be doing work on this case with my boss, Kerry Armstrong. Here is the issue: can a court require a defendant, via a search warrant, to provide his password so that law enforcement can access his iPhone? The Supreme Court has already discussed how smartphones fit within the Fourth Amendment in Riley v. California (2014) 134 S. Ct. 2473. This case, however, triggers a different analysis under the Fifth Amendment. Since this motion is still pending, that’s all that can be discussed now, but I am looking forward to following up on this issue in the future. Check out this article for more information on the case and the progress of the motion.

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