deraneyesq — 5 years ago
May 15, 2019 – An Update on Search & Seizure in General
On May 6th, 2019, the New Jersey Supreme Court granted a petition for certification in State of New Jersey v. Andrews where the Question raised is “Does compelling a criminal defendant to turn over an iPhone passcode violate his or her Fifth Amendment right against self-incrimination?”
In the Case of State v. Andrews, the Defendant was an Essex County Sheriff’s Officer who was identified as assisting a suspected drug trafficker, Quincy Lowery, during a police investigation of the Lowery’s activities. The Defendant’s assistance to Lowery included: (1.) registration of a Jeep and Motorcycle under his name because Lowery’s was suspended; (2.) Text Messages by Andrews to Lowery confirming the Surveillance Operation Vehicles by License Plate in a Picture Message; and (3.) Pervasive Text Message Conversations between Andrews and Lowery. The iPhones were consented to be turned over and later an application of a search warrant was made.
In June of 2016, Andrews was Indicted on Charges of 2nd Degree Official Misconduct, 3rd Degree Hindering Apprehension/Prosecution, and 4th Degree Obstruction of the Admin. of Law. In January 2017, the State filed a motion to compel the disclosure of the PIN and Passcodes for the iPhones. The State argued, in light of Lowery’s factory reset of his own phones, that unlocking the iPhones was the only way to satisfy the search warrant and receive that information suspected.
On May 22, 2017, The Defendant was ordered by the Trial Court Judge to disclose the PIN and Passcodes for his lawfully seized iPhones that he allegedly used to assist Lowery. The Trial Judge limited the access by the State of New Jersey to his Phone Records and Message Logs. The search of the iPhone was to be conducted in-camera in the Court with the presence of all parties. Andrews challenged the order for disclosure with the argument that it violated his right against self-incrimination under the 5th Amendment AND the protections against self-incrimination under New Jersey State Law.
On November 15, 2018, the Appellate Division, led by Judges Yannotti, Rothstadt, and Natali, Jr., affirmed the ruling in favor of the State saying that the order for disclosure was not self-incrimination, it was not a violation of state law, and he wasn’t being asked to provide information not previously discovered.
As previously stated, on May 6th, 2019, the New Jersey Supreme Court granted a petition for certification in State of New Jersey v. Andrews which we await the decision from in the near future.
The information for this post was drawn from a New Jersey Law Journal Article on May 9th, 2019 at 11:19AM by Suzette Parmley.
