Submission + - Phone passcode poses question for FL Supreme Court justices (cbs12.com)
FlatEric521 writes: The Florida Supreme Court is hearing arguments today regarding a case related to a defendant's locked cell phone. Police responded in 2018 to a call about a shattered window at a home in Orange County, they found a black Samsung smartphone near the broken window. A woman in the home identified the phone as belonging to an ex-boyfriend, Johnathan David Garcia, who was later charged with crimes including aggravated stalking.
Last year the 5th District Court of Appeal ruled that requiring Garcia to turn over the passcode would violate his constitutional right against being forced to provide self-incriminating information. The 5th District Court of Appeal decision conflicted with an earlier ruling by the 2nd District Court of Appeal in an unrelated case, teeing the issue up for the Supreme Court to resolve the dispute. The case has drawn briefs from civil-liberties and defense-attorney groups, who contend that Garcia’s rights under the U.S. Constitution’s 5th Amendment would be threatened if he is required to provide the passcode.
Last year the 5th District Court of Appeal ruled that requiring Garcia to turn over the passcode would violate his constitutional right against being forced to provide self-incriminating information. The 5th District Court of Appeal decision conflicted with an earlier ruling by the 2nd District Court of Appeal in an unrelated case, teeing the issue up for the Supreme Court to resolve the dispute. The case has drawn briefs from civil-liberties and defense-attorney groups, who contend that Garcia’s rights under the U.S. Constitution’s 5th Amendment would be threatened if he is required to provide the passcode.
