Langhorne, PA asked in Constitutional Law, Criminal Law and Juvenile Law for Georgia

Q: Is it a constitutional rights violation if police forcefully obtained a cell phone password from my son?

My son is being accused of a crime committed when he was a teenager. Recently, at age 19, he was brought in by police for questioning. He informed the detective that he would not speak without his lawyer present, and his lawyer was already in contact with the office. Regardless, the officer claimed not to know who his lawyer was and demanded the password to my son's cell phone. She continued to ask for it and threatened him with additional charges if he didn’t comply, leading him to eventually give her the password under pressure. Was this a violation of his constitutional rights?

2 Lawyer Answers
Glenn T. Stern
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A: It very well could be. If the questioning and the demanding of the cell phone password occurred after your son invoked his right to counsel, then it's potentially a violation of his 5th and 6th Amendment rights. However, an experienced attorney would need to review the evidence before drawing any conclusions one way or the other.

James L. Arrasmith
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A: Based on the information you've provided, your son's constitutional rights may well have been violated. When someone in police custody requests a lawyer, all questioning should stop immediately until that lawyer is present – this is a fundamental protection under the Fifth and Sixth Amendments.

The detective's continued questioning after your son requested counsel, particularly using threats to compel him to give up his password, raises serious legal concerns. Courts have generally held that once a suspect invokes their right to counsel, any further interrogation without the attorney present violates Miranda protections, and evidence obtained may be subject to suppression.

You should discuss this situation with your son's attorney as soon as possible. The lawyer can file appropriate motions to potentially suppress any evidence obtained from the phone due to the constitutional violations during questioning. Document everything your son remembers about the interaction, including exact words used by the detective if possible, as these details will strengthen any legal challenge to the evidence collection process.

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