On March 6 the Supreme Judicial Court ruled in Commonwealth v. Dennis Jones that prosecutors can compel a defendant charged with human trafficking and pimping to produce his cell phone password. Jones’s attorneys had argued that would violate his right against self- incrimination under the 5th Amendment to the United States Constitution and Article 12 of the Massachusetts Declaration of Rights. The Court was unanimous in the judgment, but in her concurring opinion Associate Justice Barbara Lenk expressed concern that the decision could lead to further weakening of defendants’ rights in the digital age.
Here are links to the slip opinion and a Boston Globe article.
Read the decision:
http://www.socialaw.com/services/slip-opinions/slip-opinion-details/commonwealth-vs.-dennis-jones
Globe article:
https://www.bostonglobe.com/metro/2019/03/06/sjc-orders-man-sex-trafficking-case-disclose-cell-phone-password-cops-can-search-device/su6fWuTVQFcZVcjEUFmZUM/story.html
Social Law Resources include:
Criminal Constitutional Law KF9219 .R83 1990
http://encore.socialaw.com/iii/encore/record/C__Rb1009434
(Also available as an e-book)
http://encore.socialaw.com/iii/encore/record/C__Rb1139050
Constitutional rights of the accused KF9625 .C66 1996
http://encore.socialaw.com/iii/encore/record/C__Rb1023100
Criminal practice and procedure KFM2480 .M3 v.30-30B 2014
http://encore.socialaw.com/iii/encore/record/C__Rb1138307
LexisNexis practice guide. Massachusetts criminal law KFM2961 .M375 2013
http://encore.socialaw.com/iii/encore/record/C__Rb1136337
(Also Available as an e-book)
http://encore.socialaw.com/iii/encore/record/C__Rb1149839