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State’s Request for Cell Phone Passcode Denied

Defendant was arrested for unlawful possession of a controlled substance. State moved to compel him to disclose the passcode for a cell phone found on him when he was arrested. Court properly denied State’s motion, as it would violate Defendant’s 5th amendment right against self-incrimination. Passcode is a testimonial communication. State is seeking the information which the passcode would decrypt. State did not establish with reasonable particularity the contents of the phone. (SCHMIDT and WRIGHT, concurring.) People v. Spicer 2019 IL App (3d) 170814 (March 7, 2019)

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