Suzanne Smalley reports:
The Utah Supreme Court ruled Thursday in favor of a defendant who had argued police could not force him to provide the passcode to his phone in order to aid their prosecution.
The state’s highest court concluded that cell phone passcodes are protected under the Fifth Amendment, which gives Americans the right not to self-incriminate under oath.
The defendant, Alfonso Margo Valdez, had been accused of kidnapping, assaulting and robbing his ex-girlfriend and was initially convicted for the crime.
Subsequently an appellate court ruled that “having determined that Valdez’s refusal to provide his passcode was protected by the Fifth Amendment … the State’s commentary at trial on Valdez’s refusal was a Fifth Amendment violation,” according to a characterization from the justices.
Read more at The Record.