No. 20-937

Robert Andrews v. New Jersey

Lower Court: New Jersey
Docketed: 2021-01-13
Status: Denied
Type: Paid
Amici (4)Response RequestedResponse WaivedRelisted (2)
Tags: criminal-procedure criminal-prosecution evidence-discovery fifth-amendment foregone-conclusion passcode-disclosure password-disclosure self-incrimination state-supreme-court testimonial-compulsion
Key Terms:
FifthAmendment FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2021-05-13 (distributed 2 times)
Question Presented (AI Summary)

Does the Fifth Amendment protect against compelled disclosure of a memorized passcode?

Question Presented (OCR Extract)

QUESTION PRESENTED While investigating Petitioner Robert Andrews for state criminal offenses, the prosecutor obtained a court order requiring Petitioner to disclose his passcodes to two iPhones. Respondent State of New Jersey believes the passcodes will enable it to find evidence that Petitioner committed a _ crime. Petitioner refused to disclose his passwords, invoking his Fifth Amendment privilege against selfincrimination. The Supreme Court of New Jersey held that the Fifth Amendment privilege does not protect Petitioner from being compelled to communicate his memorized passcodes to the government, ruling that the privilege was overcome because the passcodes’ existence, possession, and authentication were “foregone conclusions.” The Question Presented is: Does the Self-Incrimination Clause of the Fifth Amendment protect an individual from being compelled to recall and truthfully disclose a memorized passcode, where communicating the passcode may lead to the discovery of incriminating evidence to be used against him in a criminal prosecution? i

Docket Entries

2021-05-17
Petition DENIED.
2021-04-21
DISTRIBUTED for Conference of 5/13/2021.
2021-04-20
Reply of petitioner Robert Andrews filed. (4/22/2021) (Distributed)
2021-04-02
Brief of respondent State of New Jersey in opposition filed.
2021-03-09
Motion to extend the time to file a response is granted and the time is extended to and including April 2, 2021.
2021-03-08
Motion to extend the time to file a response from March 19, 2021 to April 2, 2021, submitted to The Clerk.
2021-02-17
DISTRIBUTED for Conference of 3/5/2021.
2021-02-17
Response Requested. (Due March 19, 2021)
2021-02-12
Waiver of right of respondent State of New Jersey to respond filed.
2021-02-12
Brief amicus curiae of Association of Criminal Defense Lawyers of New Jersey filed.
2021-02-12
Brief amicus curiae of Laurent Sacharoff filed.
2021-02-11
Brief amici curiae of Office of the Public Defender of the State of New Jersey, et al. filed.
2021-02-11
Brief amici curiae of Cordell Institute at Washington University, et al. filed.
2021-01-07
Petition for a writ of certiorari filed. (Response due February 12, 2021)

Attorneys

Association of Criminal Defense Lawyers of New Jersey
Marissa Koblitz KingmanFox Rothschild, LLP, Amicus
Cordell Institute at Washington University
Neil Michael RichardsCordell Institute of Washington University in St. Louis, Amicus
Laurent Sacharoff
Ryan Geoffrey BakerWaymaker LLP, Amicus
Office of the Public Defender and National Association for Public Defense
Candida JoLynn GriffinPashman Stein Walder Hayden, P.C., Amicus
Robert Andrews
Jennifer Stisa GranickStanford Law School, Petitioner
State of New Jersey
Jeremy Michael FeigenbaumOffice of the Attorney General of New Jersey, Respondent