Illinois criminal suspects can’t be forced to provide their passcodes to unlock mobile devices because doing so can lead to constitutional violations, a state appeals court affirmed.
Requiring criminal defendants to provide mobile passcodes may violate the U.S. Constitution’s Fifth Amendment right against self-incrimination, Judge Mary O’Brien ruled, affirming a lower state court’s opinion.
“The defendant was required to use his mind and demonstrate the factual basis that he could access his phone,” which is testimonial information protected by the Fifth Amendment, O’Brien wrote for a three-member Appellate Court of Illinois panel March 7.
“The State is engaging in a ...
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