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

Apple Watch Ultra Night Mode Screen

Apple Watch Ultra 3 Launching Later This Year With Two Key Upgrades

Wednesday July 2, 2025 1:13 pm PDT by
The long wait for an Apple Watch Ultra 3 appears to be nearly over, and it is rumored to feature both satellite connectivity and 5G support. Apple Watch Ultra's existing Night Mode In his latest Power On newsletter, Bloomberg's Mark Gurman said that the Apple Watch Ultra 3 is on track to launch this year with "significant" new features, including satellite connectivity, which would let you...
iPhone 17 Pro in Hand Feature Lowgo

iPhone 17 Pro Max Battery Capacity Leaked

Thursday July 3, 2025 5:40 am PDT by
The iPhone 17 Pro Max will feature the biggest ever battery in an iPhone, according to the Weibo leaker known as "Instant Digital." In a new post, the leaker listed the battery capacities of the iPhone 11 Pro Max through to the iPhone 16 Pro Max, and added that the iPhone 17 Pro Max will feature a battery capacity of 5,000mAh: iPhone 11 Pro Max: 3,969mAh iPhone 12 Pro Max: 3,687mAh...
iPhone 17 Pro Lower Logo Magsafe

iPhone 17 Pro's New MagSafe Design Revealed in Leaked Photo

Wednesday July 2, 2025 8:37 am PDT by
The upcoming iPhone 17 Pro and iPhone 17 Pro Max are rumored to have a slightly different MagSafe magnet layout compared to existing iPhone models, and a leaked photo has offered a closer look at the supposed new design. The leaker Majin Bu today shared a photo of alleged MagSafe magnet arrays for third-party iPhone 17 Pro cases. On existing iPhone models with MagSafe, the magnets form a...
airpods pro 2

AirPods Pro 3 to Help Maintain Apple's Place in Earbud Market Amid Increasing Low-Cost Competition

Thursday July 3, 2025 7:25 am PDT by
Apple's position as the dominant force in the global true wireless stereo (TWS) earbud market is expected to continue through 2025, according to Counterpoint Research. The forecast outlines a 3% year-over-year increase in global TWS unit shipments for 2025, signaling a transition from rapid growth to a more mature phase for the category. While Apple is set to remain the leading brand by...
Wi Fi WiFi General Feature

iOS 26 Adds a Useful New Wi-Fi Feature to Your iPhone

Wednesday July 2, 2025 6:36 am PDT by
iOS 26 and iPadOS 26 add a smaller yet useful Wi-Fi feature to iPhones and iPads. As spotted by Creative Strategies analyst Max Weinbach, sign-in details for captive Wi-Fi networks are now synced across iPhones and iPads running iOS 26 and iPadOS 26. For example, while Weinbach was staying at a Hilton hotel, his iPhone prompted him to fill in Wi-Fi details from his iPad that was already...
iPhone 17 Pro in Hand Feature Lowgo

iPhone 17 Pro Coming Soon With These 14 New Features

Friday July 4, 2025 1:05 pm PDT by
Apple's next-generation iPhone 17 Pro and iPhone 17 Pro Max are just over two months away, and there are plenty of rumors about the devices. Below, we recap key changes rumored for the iPhone 17 Pro models. Latest Rumors These rumors surfaced in June and July:Apple logo repositioned: Apple's logo may have a lower position on the back of the iPhone 17 Pro models, compared to previous...
iOS 18

Apple Releases Second iOS 18.6 Public Beta

Tuesday July 1, 2025 10:19 am PDT by
Apple today seeded the second betas of upcoming iOS 18.6 and iPadOS 18.6 updates to public beta testers, with the betas coming just a day after Apple provided the betas to developers. Apple has also released a second beta of macOS Sequoia 15.6. Testers who have signed up for beta updates through Apple's beta site can download iOS 18.6 and iPadOS 18.6 from the Settings app on a compatible...

Top Rated Comments

gavroche Avatar
64 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
64 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
64 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
64 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
64 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
64 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)