Victory: Indiana Supreme Court Rules that Police Can’t Force Smartphone User to Unlock Her Phone

Electronic Frontier Foundation

In courts across the country, EFF has been arguing that the police cannot constitutionally require you to unlock your phone or give them your password, and today the Indiana Supreme Court issued a strong opinion agreeing with us. In the case, Seo v. State, the court found that the Fifth Amendment privilege against self-incrimination protected a woman against unlocking her phone because complying with the order was a form of “testimony” under the Fifth Amendment. Indiana joins Pennsylvania, which ruled strongly in favor of the Fifth Amendment privilege in a compelled decryption case last year. Meanwhile, state supreme courts in New Jersey and Oregon are also considering this issue.

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