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East Hartford, CT criminal law attorney search warrant

In today’s society, cell phones are commonplace when just 20 years ago, they were considered a luxury item. Now, cell phones have a plethora of uses other than just being for making phone calls. Think about what you use your cell phone every day. Many people use their smartphones to navigate from place to place, access the Internet, save photos and contacts, set calendars and schedules, and communicate with friends and family. All of that information is stored on your phone and can be viewed by mostly anyone who has access to the phone -- even police. In recent years, cell phones have become more valuable as evidence for law enforcement officers investigating a crime. However, some police professionals have run into opposition when attempting to retrieve evidence from password-protected phones. 

New Jersey Supreme Court Rules in Favor

Recently, such an issue made its way to the New Jersey Supreme Court, where the court ruled that a search warrant can indeed require a defendant to reveal his or her passcode to unlock his or her phone for law enforcement officers to retrieve evidence. The court ruled 4-3 that no existing state or federal laws provided enough protections for a passcode. This decision came from a case involving a man who claimed it was unconstitutional to force him to provide his passcode to police during their investigation into the man’s alleged involvement with aiding another man charged with drug trafficking.

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East Hartford criminal defense lawyer for state and federal chargesThe United States Constitution gives citizens dozens of rights that are indicative of the spirit and history of the country, such as the right to free speech, the right to peacefully protest, and the right to bear arms. These rights are contained in the first ten Amendments, called the Bill of Rights, and they are constantly being analyzed in different contexts by scholars, lawmakers, and the members of the U.S. Supreme Court. One of these rights is the protection against double jeopardy, or being tried for the same crime more than once. This has been an issue that has wedged its way into the Supreme Court more than once and that has held precedent for many years.

Understanding Dual Sovereignty and Double Jeopardy

The Fifth Amendment to the U.S. Constitution contains a variety of protections and rights given to citizens concerning criminal trials. One of these protections is from what is known as “double jeopardy” or being tried for the same crime twice. Originally, the Fifth Amendment was only meant to apply to the federal government, but over the years, the Supreme Court has ruled that it also applies to state governments.

The issue that the Supreme Court has faced again and again is whether or not a person can be tried for the same instance of a crime in both state and federal courts. For many years, the Supreme Court has upheld that a person can, in fact, be tried in both state and federal courts for the same instance of a crime because the state government and federal government are technically two different jurisdictions or “sovereigns.” This is known as the dual sovereignty doctrine.

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