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New Jersey’s top court: Defendant must share phone passcodes

TRENTON, N.J. (AP) — The Supreme Court of New Jersey ruled a defendant must turn over the passcodes for his two phones in response to a search warrant.

The ruling opens the way for law enforcement to compel other defendants in the state to do the same.

The court’s majority decision on Monday was supported by four justices with three dissenting in the case of a former Essex County sheriff’s officer who is suspected of helping a man charged with trafficking drugs, NJ Advance Media reported.

Robert Andrews was charged in 2016 for official misconduct, hindering and obstruction for passing on information about an ongoing law enforcement investigation to the suspect, who was in the same motorcycle club as him.

Andrews had appealed an order from a lower court to turn over the passcodes to his phones so authorities could execute a search warrant on phone calls and texts between the two men.

“It’s time to rethink whether you should keep anything simply private or personal on a personal electronic device because if the government wants it they can now get it,” said Charles J. Sciarra, Andrews’ attorney in a statement.

Sciarra argued, in part, that Andrews did not have to turn over the passcodes because the Fifth Amendment protected him from self-incrimination.

But the court found the passcodes were not “testimonial” and noted Andrews did not challenge the search warrants, which give the state “the right to the cellphones’ purportedly incriminating contents,” the majority decision said.

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