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New Jersey's Supreme Court has ruled that compelling a suspect to unlock his or her cell phone doesn't violate the Fifth Amendment. The courts continue to be deeply split on this question. Back in June, Indiana's Supreme Court reached the opposite conclusion, and several other state and federal courts have reached divergent positions on the issue over the last few years.
This case focuses on an allegedly corrupt cop named Robert Andrews. Andrews is a former Essex County Sheriff who allegedly tipped off a suspect named Quincy Lowery about a pending police investigation. Under police questioning, Lowery testified that Andrews had advised him to get a new phone to avoid a police wiretap. He also said Andrews helped Lowery identify an undercover police officer and an unmarked police vehicle. These allegations were corroborated by data from Lowery's phone.
The police seized two iPhones belonging to Andrews, but investigators were unable to unlock them. Andrews refused to unlock the phones based on the Fifth Amendment, which protects against self-incrimination.
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