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Forced unlocking of cellphones

Last year, I blogged about a couple of cases where state courts ruled that a person cannot be forced to unlock their cellphones (see link and link).

On June 23, 2020, the Indiana Supreme Court -- which is the highest court in Indiana -- ruled that a suspect cannot be forced to unlock their phone because it would violate the Fifth Amendment's right against self-incrimination (see opinion, hosted by EFF). The Court's analysis largely followed the earlier state courts' reasoning. Importantly, the Court found that the foregone conclusion exception did not apply because the police did not know what they were specifically searching for.

Photo by Koby Kelsey on Unsplash.

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