Va. Judge: Cellphone Pass Codes Protected - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Va. Judge: Cellphone Pass Codes Protected

Posted:
VIRGINIA BEACH, Va. (AP)- A judge has ruled that a criminal defendant cannot be forced give authorities the pass code to his cellphone.

Virginia Beach Circuit Judge Steven Frucci issued the ruling this week in the case of David Baust, who is charged with trying to strangle his girlfriend. Prosecutors wanted to search Baust's cellphone for a possible video of the couple's altercation.

Defense attorney James Broccoletti argued that pass codes are protected by the Fifth Amendment, which shields a defendant from self-incrimination.

Frucci ruled that authorities can gain access if a phone can be opened with a fingerprint, which is akin to a DNA sample, a writing sample or an actual key. But he said a pass code requires the defendant to divulge knowledge, which is protected.

  • Most Popular VideosMost Popular VideosMore>>

  • Police Arrest A Baltimore Man for Unsolved Murder of UMES Student

    Police Arrest A Baltimore Man for Unsolved Murder of UMES Student

    Maryland State Police arrested 25-year-old Davonta M. Braxton, of Baltimore, Md.

    Officers say Braxton is charged in connection to the murder of 21-year-old Edmond St. Clair, who was a student at the University of Maryland Eastern Shore (UMES). Braxton has been a student at the university, but is not currently enrolled, according to school records.

    More

    Maryland State Police arrested 25-year-old Davonta M. Braxton, of Baltimore, Md.

    Officers say Braxton is charged in connection to the murder of 21-year-old Edmond St. Clair, who was a student at the University of Maryland Eastern Shore (UMES). Braxton has been a student at the university, but is not currently enrolled, according to school records.

    More
  • Seaford Family Supports Son Through Recovery

    Seaford Family Supports Son Through Recovery

    As the opioid epidemic continues to cut through communities across Delmarva, Debora Musser of Seaford is speaking up about her son's road to recovery in hopes of helping other families.

    More

    As the opioid epidemic continues to cut through communities across Delmarva, Debora Musser of Seaford is speaking up about her son's road to recovery in hopes of helping other families.

    More
  • Neglected Dogs from Seaford Up for Adoption

    Neglected Dogs from Seaford Up for Adoption

    Three of the dogs rescued for a hoarded home in Seaford are going up for adoption this weekend. 

    The Brandywine Valley SPCA in Georgetown are rehabilitating the 31 dogs rescued last week. 

    More

    Three of the dogs rescued for a hoarded home in Seaford are going up for adoption this weekend. 

    The Brandywine Valley SPCA in Georgetown are rehabilitating the 31 dogs rescued last week. 

    More
Powered by Frankly

All content © Copyright 2000 - 2017 WBOC. All Rights Reserved. For more information on this site, please read our Privacy Policy, and Terms of Service, and Ad Choices