FL1 certifies to the FL S.Ct. whether the password to a cell phone is protected by the Fifth Amendment. Pollard v. State, 2019 Fla. App. LEXIS 18978 (Fla. 3d DCA Dec. 23, 2019):
What is the proper legal inquiry when the State seeks to compel a suspect to provide a password to the suspect’s cellphone if the suspect has not previously given up his fifth amendment privilege in the password? What legal standard applies in determining whether the foregone conclusion applies to compelled production of passwords in these situations?
Update: There is an excellent discussion in techdirt: Florida Appeals Court Asks State’s Top Court To Decide Whether Compelled Password Production Violates The Fifth Amendment by Tim Cushing