By Jeannie O'Sullivan (August 10, 2020, 4:13 PM EDT) -- A split New Jersey Supreme Court ruled Monday that law enforcement may compel the cellphone passcodes of a former sheriff's officer accused of tipping off a suspect in a drug trafficking investigation, reasoning that such information isn't shielded by constitutional protections against self-incrimination.
The Fifth Amendment applies only to testimonial communications that would be incriminating, and a series of characters don't amount to substantive information, Justice Lee M. Solomon wrote in a majority opinion joined by Chief Justice Stuart J. Rabner and Justices Anne M. Patterson and Faustino Fernandez-Vina. The justices acknowledged that the closely watched case presented a matter of...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!