Certain situations can range from dull ones to serious, life-threatening ones. If you find yourself in specific happenings that call for you having to give out essential matters, exercise your rights and contact criminal defense attorney jacksonville fl.
Make A Decision: To Allow Access Or Not
Imagine driving, and suddenly a police car flashes its lights while the sirens go off. Realizing this, you pull over and talk to the police officer. He lets you know that you were speeding and intends to teach you a lesson. He takes note of your phone and suddenly asks if he can “check” it. It may be an unusual thing to ask for, especially if it’s from a law enforcement officer, but think about it. Is it a necessity concerning the violation you committed?
What Happens In Real Life?
Recently, a case on Broward County involved a teenager stopped for speeding. An accident occurred which resulted in killing a family member. In addition to this, the officer accused him of driving under the influence.
The officers firmly believe that he was driving under the influence because of the .086 blood alcohol level. In Florida, this level is above the standard limit, which is .08. A survivor of the crash testified and said that the driver had vodka. This occurrence was before the accident while talking to his phone.
Although the police got a hold of his phone and were issued a warrant that allowed them to view everything that was on the phone, the phone had a password. The officers demanded the password. Upon asking for the password, the driver’s lawyer refused even after the judge ordered them to disclose such details.
The Fifth Amendment
The fight over the password made way to the 4th District Court Of Appeal. The court stated that a password should not be forced out of someone, regardless of the crime committed. Forcing someone to give personal information is equivalent to testifying against themselves.
The Fifth Amendment protects the client’s privacy and the right to decide whether they want to disclose such details to the officers or not.
If you find yourself in a situation of the same nature, contact a criminal defense attorney jacksonville fl to sort these issues out and help.