FifthAmendment FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Does the Fifth Amendment protect against compelled disclosure of a memorized passcode?
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