People v. Spicer, 2019 IL App (3d) 170814 (March). Episode 602 (Duration 11:56 )







Can the prosecution compel you to give up your phone password?























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Charges







Defendant was arrested for unlawful possession of a controlled substance and later also charged with knowingly possessing cocaine with the intent to distribute.







Drug Dog Alert







Defendant was a passenger in a vehicle that was pulled over for a traffic stop. A drug dog alerted on the vehicle.







The officers searched the vehicle, where they found a prescription pill bottle containing cocaine inside a brown leather bag near where defendant was sitting. The bag also contained:







* A scale with * Suspected cocaine residue * A box containing 20 plastic baggies.







The Phone







When defendant was arrested police found a cell phone on his person. Defendant refused to provide the passcode to unlock it.







Warrant & Motion To Compel







Try as the might police could not access the contents of the phone. They sought and received a search warrant for the phone.







However, defendant would not provide the passcode and the State moved to compel the information.







Issue







The State argues that the fifth amendment’s privilege against self incrimination does not protect Defendant from being compelled to provide the passcode to unlock his legally seized cell phone and submits the trial court erred in denying its motion to compel.







Fifth Amendment







A person cannot be compelled to testify against himself in a criminal case. U.S. Const., amend. V. The fifth amendment applies when the defendant is compelled to make a testimonial communication that incriminates himself. Fisher v. United States, 425 U.S. 391, 408 (1976).