The Indiana Lawyer reported this week on a recent Indiana Court of Appeals’ decision discussing smartphones and how the law addresses privacy on an individual’s devices. The decision, Seo v. State, 29A05-1710-CR-2466, had a 43-page finding that the defendant could not be compelled to unlock her iPhone for a criminal stalking investigation being conducted by law enforcement. However, Judge May wrote a 25-page dissent asserting that a requirement for her to unlock her phone was not a violation of her constitutional rights.
The article quotes Keffer Hirschauer LLP partner, Bradley Keffer, who noted that the Seo ruling begins an important discussion in the Indiana judiciary about how technology should factor into constitutional analyses. He stated, “The court truly began to wrestle with this sort of application of the Fifth Amendment”
The discussion is certainly not over. The article notes that the State through the Attorney General’s Office indicated that it would be seeking transfer of the decision to the Indiana Supreme Court. However, with 68 pages of analysis already started, that discussion is off to a good start.
With the criminal defense team of former deputy prosecutors now representing individuals accused of crimes, Keffer Hirschauer LLP stands ready to provide its clients with trusted representation and accurate information regarding the law, and its application to their individualized case. Act now and call us today at (317) 857-0160 or 1-800-NOT-GUILTY.