Feb 152021
 February 15, 2021  Posted by  Court, U.S.

Defendant had a Fifth Amendment right to not give up the unlock code to his cell phone. Utah declines to apply the foregone conclusion exception to the Fifth Amendment to attempt to require a suspect to give up his cell phone unlock code. The state’s comment on it at trial as an inference of guilt was reversible error. State v. Valdez, 2021 UT App 13, 2021 UT App LEXIS 14 (Feb. 11, 2021)

Read excerpts from the opinion on FourthAmendment.com

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