05Nov 2019

Do You Have To Give The Police Your iPhone Password?

There have been some interesting cases recently involving cell phones as evidence. For the most part, if the police legally obtain your phone, they can forensically analyze it for any evidence. However, iPhone 7s 
and up pose the police a problem - they cannot crack them!

Of course, the FBI, CIA and other international crime-fighting organizations can easily crack an iPhone, but not local police the department, and unless it is a major case like a serial killer or drug ring, the CIA probably isn't going to crack an iPhone for a texting the accident that didn't result in a serious injury or death.

Some prosecutors in a few states have tried having the judge in the case issued an order forcing the defendant to turn over their iPhone password. 
Interestingly, on appeal, having an iPhone allows the defendant to plead The Fifth. An appeals court decided in one case that giving your password to access evidence against you in incriminating yourself.

Of course, do not commit any crimes, no matter what type of phone you carry. If you live in Burlington, Essex, Colchester, Winooski, Williston, Shelburne or anywhere in the State of Vermont, and have been arrested or charged with DUI or any crime, call Handy Law for aggressive and experienced legal defense.