YOUR CELL PHONE PASSCODE IS NOT PROTECTED BY 5TH AMENDMENT SELF INCRIMINATION

September 15, 2020

In Re Matter of State’s Application to Compel M.S. to Provide Passcode Appellate Docket No.: A-4509-18T2 Decided September 11, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether the requirement of a defendant to turnover his passcode to his cell phone constituted a violation of the…

YOUR IPHONE PASSCODE IS NOT PROTECTED BY 5TH AMENDMENT SELF INCRIMINATION

September 15, 2020

State v. Andrews Appellate Docket No.: A-72-18 Decided August 10, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court reviewed whether the requirement of a defendant to turnover his passcode to his iphone constituted a violation of the 5th Amendment right against self-incrimination. In State…

YOUR IPHONE PASSCODE IS NOT PROTECTED BY 5TH AMENDMENT SELF INCRIMINIATION

August 13, 2020

State v. Andrews Appellate Docket No.: A-72-18 Decided August 10, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent New Jersey Supreme Court decision, the Court reviewed whether the requirement of a defendant to turnover his passcode to his iphone constituted a violation of the 5th Amendment right against self-incrimination. In State v.…

5th Amendment and Computer Passwords and Child Pornography

June 10, 2019

STATE OF NEW JERSEY v. ROBERT G. WHITE,  (June 5, 2019) New Jersey Appellate Division (Not Approved for Publication) Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Issue:  Defendant further argues that the trial court’s order compelling him to produce the passcodes or otherwise decrypt the external hard drives violates his right against self-incrimination under…

At Trial, Prosecution Cannot Question a Defendant’s Right to Silence

June 13, 2017

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-2-3453 State v. Irizarry, N.J. Super. App. Div. (per curiam) (29 pp.) A defendant’s right to remain silent during a police interrogation is an integral part of our criminal justice system, granted by our Fifth Amendment to the United States Constitution. This right gives protection for a…

Your Two Rights to Counsel and Inevitable Discovery

April 14, 2015

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Cawley, decided April 7th, is an appeal from a judgment of conviction due to evidence the defendant argues should have been suppressed and an excessive sentence. The defendant was convicted of numerous counts of kidnapping and sexual assault arising from an event that occurred between…