Judge Rejects Constitutional Challenge to Cellphone Evidence

A man accused of coordinating the transport of more than 20 tons of cocaine failed in his bid to suppress evidence the government collected from his cellphone.

The passcode to Goran Gogic’s phone that federal agents used to collect evidence against him was obtained without coercion and therefore didn’t violate his constitutional rights, Judge Allyne R. Ross of the US District Court for the Eastern District of New York wrote in a Monday opinion.

Courts in the Second Circuit are split on whether cellphone credentials qualify as testimonial statements subject to Fifth Amendment privilege. But unlike biometric credentials, “the ...