Suspects Can Be Forced to Provide Smartphone Passcodes, Rules New Jersey Supreme Court

Compelling a suspect to unlock a smartphone doesn't violate Fifth Amendment rights, New Jersey's Supreme Court ruled today (via NorthJersey.com), adding a new argument to the ongoing debate on whether those arrested can be forced to unlock their devices with biometrics or passcodes.

iphonepasscode
Courts around the United States have been split on the issue, with some determining that suspects cannot be forced to unlock an iPhone, while others have said it's not a rights violation. Most of these arguments have focused on biometric smartphone unlocking methods like Touch ID and Face ID, but New Jersey says that a criminal defendant can be forced to provide a passcode.

In the NJ case, prosecutors wanted access to two iPhones owned by former Essex County sheriff Robert Andrews, accused of secretly working with a street gang. Andrews argued that requiring him to provide a passcode would be a violation of his Fifth Amendment rights against self-incrimination, but the court rejected the argument and said that it only applies when the accused is "compelled to make a testimonial communication that is incriminating."

Fifth Amendment rights do not protect suspects from producing documents to use as evidence in cases, and the court considered the ‌iPhone‌'s text and phone call content to be documents.

The court, which was split on the decision 4 to 3, said that even if the passcodes were considered testimony, there was already evidence that there were texts and telephone exchanges between the sheriff and an alleged drug dealer, enacting a "foregone conclusion exception" to the Fifth Amendment because the state already knows about the texts. By providing the passcodes, Andrews would not be providing information the government is not already aware of. The full ruling with additional context is available from the NJ courts website [PDF].

Based on the record in this case, compelled production of the passcodes falls within the foregone conclusion exception. The State's demonstration of the passcodes' existence, Andrews's previous possession and operation of the cellphones, and the passcodes' self-authenticating nature render the issue here one of surrender, not testimony, and the exception thus applies. Therefore, the Fifth Amendment does not protect Andrews from compelled disclosure of the passcodes to his cellphones. The Court would reach the same conclusion if it viewed the analysis to encompass the phones' contents. The search warrants and record evidence of the particular content that the State knew the phones contained provide ample support for that determination.

Andrews' attorney, Charles Sciarra, called the court's ruling a "major defeat to the United States Constitution."

"Forget alleged criminal conduct: It's time to rethink whether you should keep anything simply private or personal on a personal electronic device because if the government wants it, they can now get it," he said. "If you are in a car accident they can go through your whole phone to see if you were a distracted driver."

The New Jersey Supreme Court ruling could have an impact on future court cases involving locked smartphones, and courts will continue to come to different conclusions on the issue of smartphone unlocking until the United States Supreme Court steps in and clarifies how constitutional rights and precedents apply to new technologies.

Note: Due to the political or social nature of the discussion regarding this topic, the discussion thread is located in our Political News forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Popular Stories

maxresdefault

Where's the New Apple TV?

Monday December 22, 2025 11:30 am PST by
Apple hasn't updated the Apple TV 4K since 2022, and 2025 was supposed to be the year that we got a refresh. There were rumors suggesting Apple would release the new Apple TV before the end of 2025, but it looks like that's not going to happen now. Subscribe to the MacRumors YouTube channel for more videos. Bloomberg's Mark Gurman said several times across 2024 and 2025 that Apple would...
iPhone Top Left Hole Punch Face ID Feature Purple

iPhone 18 Pro Launching Next Year With These 12 New Features

Tuesday December 23, 2025 8:36 am PST by
While the iPhone 18 Pro and iPhone 18 Pro Max are not expected to launch for another nine months, there are already plenty of rumors about the devices. Below, we have recapped 12 features rumored for the iPhone 18 Pro models. The same overall design is expected, with 6.3-inch and 6.9-inch display sizes, and a "plateau" housing three rear cameras Under-screen Face ID Front camera in...
airpods color prototypes

Apple Tested AirPods in Bright Colors

Saturday December 27, 2025 6:06 am PST by
Apple reportedly tested a version of the first-generation AirPods with bright, iPhone 5c-like colored charging cases. The images, shared by the Apple leaker and prototype collector known as "Kosutami," claim to show first-generation AirPods prototypes with pink and yellow exterior casings. The interior of the charging case and the earbuds themselves remain white. They seem close to some...
iOS 26

iOS 26.2 Adds These 8 New Features to Your iPhone

Monday December 22, 2025 8:47 am PST by
Earlier this month, Apple released iOS 26.2, following more than a month of beta testing. It is a big update, with many new features and changes for iPhones. iOS 26.2 adds a Liquid Glass slider for the Lock Screen's clock, offline lyrics in Apple Music, and more. Below, we have highlighted a total of eight new features. Liquid Glass Slider on Lock Screen A new slider in the Lock...
top stories 2025 12 27

Top Stories: iPhone Fold Mockup, Where's the New Apple TV?, and More

Saturday December 27, 2025 6:00 am PST by
Merry Christmas and Happy Holidays from MacRumors! News in the Apple world has unsurprisingly been relatively slow over the past week, but Apple's upcoming foldable iPhone managed to make its way back into the news, while we also shared updates on current and future Apple TV news. iOS 26.3 will be bringing some new features, particularly for users in the EU, so we'll look for additional...
Apple Wallet ID Illinois

Apple Plans to Expand iPhone Driver's Licenses to These 7 U.S. States

Wednesday December 24, 2025 8:40 am PST by
In select U.S. states, residents can add their driver's license or state ID to the Apple Wallet app on the iPhone and Apple Watch, and then use it to display proof of identity or age at select airports and businesses, and in select apps. The feature is currently available in 13 U.S. states and Puerto Rico, and it is expected to launch in at least seven more in the future. To set up the...
maxresdefault

10 Mac Apps Worth Trying in 2026

Wednesday December 24, 2025 9:27 am PST by
2026 is almost upon us, and a new year is a good time to try out some new apps. We've rounded up 10 excellent Mac apps that are worth checking out. Subscribe to the MacRumors YouTube channel for more videos. Alt-Tab (Free) - Alt-Tab brings a Windows-style alt + tab thumbnail preview option to the Mac. You can see a full window preview of open apps and app windows. One Thing (Free) -...
maxresdefault

Hands-On With a Rough iPhone Fold Mockup

Monday December 29, 2025 10:55 am PST by
Apple is rumored to be introducing a foldable iPhone in September 2026, and since it will bring the biggest form factor change since the iPhone was introduced in 2007, curiosity about the design is high. A 3D designer created an iPhone Fold design based on rumors, and we printed it out to see how it compares to Apple's current iPhones. Subscribe to the MacRumors YouTube channel for more ...

Top Rated Comments

gavroche Avatar
70 months ago

Not a chance. How exactly are they going to enforce that? Forcing them to provide biological data is one thing, but forcing them to speak something they've remembered? You can't force someone to talk, period.
oops... I entered it wrong five times, darn... it’s erasing my phone
Score: 48 Votes (Like | Disagree)
cmwade77 Avatar
70 months ago
Simple solution, Apple and Google need to build in a mechanism where if you enter a certain password/passcode, it immediately erases the phone using a completely secure erase mechanism.
Score: 42 Votes (Like | Disagree)
GermanSuplex Avatar
70 months ago
Not a chance. How exactly are they going to enforce that? Forcing them to provide biological data is one thing, but forcing them to speak something they've remembered? You can't force someone to talk, period.
Score: 37 Votes (Like | Disagree)
aardwolf Avatar
70 months ago
How do you compel someone? Are you going to waterboard us until we tell you the passcode?
Score: 27 Votes (Like | Disagree)
Rocko99991 Avatar
70 months ago
"By providing the passcodes, Andrews would not be providing information the government is not already aware of." Then you don't need my passcode bub.
Score: 21 Votes (Like | Disagree)
macsrcool1234 Avatar
70 months ago
idiot NJ at it once again.


Not a chance. How exactly are they going to enforce that? Forcing them to provide biological data is one thing, but forcing them to speak something they've remembered? You can't force someone to talk, period.
they'll throw you in for contempt until you do
Score: 19 Votes (Like | Disagree)