By Alicia Penn

TL:DR[1]: The U.S. Court of Appeals for the D.C. Circuit recently[2] considered the issue of whether making someone unlock their cellphone violates the Fifth Amendment. Their answer is yes.

Case Facts and Procedural History:

Peter Schwartz was indicted for assaulting officers at the Capitol on January 6, 2021. When he was arrested, an agent found a cellphone in his bedroom dresser. The agent asked Schwartz for the password, and Schwartz gave him 3 different ones; however, none of them worked. At some point Schwartz unlocked the phone using his thumbprint.