Passing on Passwords

By Darren M. Gelber |   Jun. 18, 2012

Technology and the LawA recent article in the NJ Law Journal (May 14, 2012, p. 3) piqued the Monitor’s interest as a harbinger of things to come. According to the article, as Morris County prosecutors were preparing to try a criminal defendant facing narcotics charges, they realized that law enforcement officers had seized several cell phones and a Blackberry at the time of the arrest. Interested in learning what information might be contained on these phones, prosecutors applied for and were granted a search warrant authorizing them to inspect the information contained in the phones. However, prosecutors and their investigatory staff apparently ran into trouble when they could not crack a password-protected Blackberry to review the information on it. Therefore, they sought an order compelling the defendant to provide them with the appropriate passcodes to enable them to access the information stored in the Blackberry.

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Topics : smartphones, Right to Remain Silent, Constitutional Rights, John Dell’Italia, Morris County, Electronic Data, law enforcement, NJ Law Journal | 0 Comments Read More

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