Utah Supreme Court Rules Cellphone Passcodes Protected by Fifth Amendment

The landmark decision, which could be appealed to the U.S. Supreme Court, states individuals are not required to share their cellphone passcodes with law enforcement, even if a warrant has been obtained.

• The Utah Supreme Court has ruled that individuals are not required to share their cellphone passcodes with law enforcement, even if a warrant has been obtained, under the U.S. Constitution’s Fifth Amendment protection against self-incrimination.
• The case involved Alfonso Valdez, who was arrested for allegedly kidnapping and assaulting his ex-girlfriend. Police obtained a warrant to search his phone but could not crack the passcode. Valdez refused to help unlock the phone.
• The Utah attorney general’s office is 'evaluating options for further review,' hinting at a possible appeal to the U.S. Supreme Court.
• Legal scholars believe this ruling could pave the way for a review by the U.S. Supreme Court, which would then determine whether it wants to hear the case.
• State courts in Indiana and Pennsylvania have made similar rulings, but those in New Jersey, Massachusetts, and Illinois have ruled the opposite.

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