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Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination

Loaded on April 15, 2024 by Anthony Accurso published in Criminal Legal News April, 2024, page 34
Filed under: Fifth Amendment, Searches - Cellphones/Computers/Internet, Non-Testimonial, Self-Incrimination Clause, Invocation of Rights. Location: Utah.

by Anthony W. Accurso

In a case of first impression, the Supreme Court of Utah held that production of a cellphone passcode is “testimonial” for purposes of the Fifth Amendment and that the State violated the defendant’s privilege against self-incrimination rights when it mentioned his refusal to disclose the passcode ...

 

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