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Posts tagged "5th amendment"

Does the Fifth Amendment Apply to Cell Phone Passcodes?

We've all heard the defense, "I plead the fifth!" But what exactly does the Fifth Amendment in the U.S. Constitution mean for the accused? The statement of "pleading the fifth" simply means that someone accused of a crime has a right to not self-incriminate by saying something that could be used against them in a court of law. In other words, the U.S. Bill of Rights protects individuals from being compelled to be witnesses against themselves. Usually, this means that if you are arrested, you do not have to say anything to law enforcement regarding your involvement in the crime, and you will not be required to testify on the stand at your own trial. However, with modern technology such as smart phones containing so much personal information these days, how are the courts handling the possibility that a defendant's iPhone, locked by personal passcode, may contain information that could incriminate him/her?

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Spatz Law Firm, PL
14707 S Dixie Hwy
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Miami, FL 33176

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