The news that President Donald Trump tested positive for COVID-19 has thrown a monkey wrench into an already fraught election season. It’s raised questions about who would lead the country if the president were to become gravely ill, and when that might be determined.
Now there are new questions about who should be able to make the decision of when a president can’t fulfill his duties. On Friday, House Speaker Nancy Pelosi introduced legislation that would allow Congress, using the 25th Amendment to the Constitution, to take power away from a president if he were to become incapacitated. But
Published 6:06 a.m. ET Sept. 23, 2020
Does the Fifth Amendment privilege against self-incrimination prevent a court from ordering a criminal defendant to hand over the passcode to his smartphone?
According to a Florida appellate court (coincidentally, the fifth appellate district), the answer is yes.
Jonathan Garcia is the defendant in a criminal case in which he allegedly broke a window at the home of the new boyfriend of his ex-girlfriend, Ana Diaz. When police arrived at the house to investigate, they found a Samsung Galaxy Note 8 smartphone, approximately 4 feet from the broken window.
Diaz identified the phone as belonging to Garcia and confirmed this fact for the investigating officers by calling Garcia’s phone number. The Samsung phone in question began to ring, and Diaz’s name and phone number were displayed on the phone screen. The police