Documents
The Supreme Court recognized in Riley v. California that cell phones are unlike other objects becasue they contain the most intimate details of life. The Court held that the Fourth Amendment requires law enforcement to get a warrant to search a phone, even incident to arrest. Law enforcement can gain access to devices via consent or digital extraction tools. But when those methods fail, can law enforcement compel someone to produce their passcode? Or provide their biometrics to unlock/decrypt the device? This primer outlines the state of the law and offers a guide for defense lawyers.