Apr 242019
 
 April 24, 2019  Posted by  Court

Nathaniel Sobel reports:

According to the Pew Foundation, most Americans lock their cell phones, creating an obstacle for some law enforcement investigations—most notably, the FBI in its 2016 standoff with Apple over access to the San Bernardino attacker’s iPhone—and especially for state authorities, which have fewer resources than federal law enforcement. In recent years, federal and state courts across the country have grappled with whether ordering a defendant to unlock an electronic device violates the Fifth Amendment privilege against self-incrimination.

Last month, in Commonwealth v. Jones, the Massachusetts Supreme Judicial Court held, for the second time in five years, that the government may compel a defendant to unlock an electronic device under certain circumstances.

Read more on Lawfare.

h/t, Joe Cadillic

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