Does the Fifth Amendment privilege against self-incrimination prevent a court from ordering a criminal defendant to hand over the passcode to his smartphone?
According to a Florida appellate court (coincidentally, the fifth appellate district), the answer is yes.
Jonathan Garcia is the defendant in a criminal case in which he allegedly broke a window at the home of the new boyfriend of his ex-girlfriend, Ana Diaz. When police arrived at the house to investigate, they found a Samsung Galaxy Note 8 smartphone, approximately 4 feet from the broken window.
Diaz identified the phone as belonging to Garcia and confirmed this fact for the investigating officers by calling Garcia’s phone number. The Samsung phone in question began to ring, and Diaz’s name and phone number were displayed on the phone screen. The police