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Matheu D. Nunn Mentioned In Law360 Article, “NJ Justices Say Cops Can Force Cellphone Access”

August 10, 2020

As seen on Law360, August 10, 2020
By Jeannie O’Sullivan

A split New Jersey Supreme Court ruled Monday that law enforcement may compel the cellphone passcodes of a former sheriff’s officer accused of tipping off a suspect in a drug trafficking investigation, reasoning that such information isn’t shielded by constitutional protections against self-incrimination.

The Fifth Amendment applies only to testimonial communications that would be incriminating, and a series of characters don’t amount to substantive information, Justice Lee M. Solomon wrote in a majority opinion joined by Chief Justice Stuart J. Rabner and Justices Anne M. Patterson and Faustino Fernandez-Vina. The justices acknowledged that the closely watched case presented a matter of first impression.

Amicus curiae the New Jersey State Bar Association is represented by Christopher J. Keating, Evelyn Padin, Richard F. Klineburger, Brandon D. Minde and Matheu D. Nunn.

Click here to read article in its entirety on Law360.com. (Subscription required).

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