Privacy & New Media

Epic
June 23, 2020

The Indiana Supreme Court ruled today that the Fifth Amendment right against self-incrimination prevents law enforcement from compelling an individual to unlock their smartphone. The court declared that an exception to the Fifth Amendment did not apply because the type and amount of information cell phones contain make compelled production of their contents different than compelled production of physical documents, citing the Supreme Court’s decisions in Riley v. California and Carpenter v. United States. The court wrote that “the Supreme Court has hesitated to apply even entrenched doctrines to novel dilemmas, wholly unforeseen when those doctrines were created.” EPIC urged the New Jersey Supreme Court to adopt the same reasoning in State v. Andrews, arguing that, under Riley and Carpenter, individuals cannot be compelled to decrypt their cell phones. The New Jersey court has not yet issued a ruling in the case.

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