The NACDL Fourth Amendment Center has authored a Compelled Decryption Primer to help attorneys litigate the issue of whether law enforcement can compel a suspect to unlock or decrypt a device. The Fourth Amendment requires law enforcement to get a warrant to search a cell phone, even incident to arrest. Riley v. California, 573 U.S. 373 (2014). But what additional concerns are implicated where the phone is locked or encrypted?
The primer contains analysis, practice points, a case list and additional resources. Michael Price and Zach Simonetti of the NACDL Fourth Amendment Center also blogged about this issue on the Just Security blog. As always, the NACDL Fourth Amendment Center is available to assist criminal defense attorneys litigating these issues. They can be contacted by emailing 4AC@nacdl.org.