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 |
Issues: | 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. |
Resolution: | 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: | |
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 |