Pei Pei Cheng de Castro, partner, and Jennifer Hopkins, associate, had their “Must Defendants Unlock Their Cellphones? What the Law Says” article published by CityLand, a newsletter from the Center for New York City Law at New York Law School.
The article discusses the legal challenges surrounding defendants being compelled to unlock their cellphones during investigations. Courts are divided on whether such compulsion violates the Fifth Amendment’s protection against self-incrimination. Some courts argue that providing a password is testimonial and protected, while others liken it to providing physical evidence, which is not.
Key considerations include whether unlocking a device reveals the “contents of the mind” or merely enables access to preexisting evidence. The issue highlights tensions between evolving technology and constitutional protections, emphasizing the need for clearer legal frameworks.
Click here to read the full article.