State v. Stahl » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

State v. Stahl

State v. Stahl

Case Date: 12/07/2016
Citation: State v. Stahl, 206 So. 3d 124 (Fla. 2d DCA 2016)
Court Type: District Court of Appeal
Court: Fla. 2d DCA
Judge: Judge: Anthony K. Black
Rule(s): 5th Amendment

Defendant was charged with video voyeurism. The issue was whether providing his cell phone passcode was testimonial in nature and subject to Fifth Amendment protection.


The Court disagreed with the trial court, and held that requiring Defendant to give law enforcement the passcode was not testimonial. The State already had a warrant to search Defendant’s cell phone, and compelling Defendant to produce his passcode would not offend the Fifth Amendment, as the State already had independent evidence linking Defendant to the crime. Under the foregone conclusion doctrine, the State knew of the existence of the passcode, that Defendant had knowledge of the passcode, and that the independent evidence was authentic, based on the the self-authenticating nature of technology.

Relevant Documents:

Appellee’s Answer Brief

Initial Appellant Brief on Merits


E-Discovery Issues: Admissibility, Motion to Compel
E-discovery Tags: Possession or Control, Preservation and Collection, Sources of ESI
E-discovery subjects: Cell phone, Surveillance Footage

Published: December 28th, 2017

Category: Uncategorized

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