Overview

• 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.