IN: Privilege against self-incrimination is not self-executing as to cell phone password disclosure

Defendant’s mid-trial motion to suppress a cell phone search was waived: It was not timely, and defendant consented to giving the passcode and gave consent to search it. The privilege against self-incrimination is not self-executing here. Kerner v. State, 2021 Ind. App. LEXIS 325 (Oct. 22, 2021).

Merely opening a cell phone with the password is not a search. “Defendant has not articulated how the mere entry of the supplied passcode into his cell phone constituted a search within the meaning of the Fourth Amendment. Nor has he presented any authority in support of such an argument. Accordingly, Defendant has not met his burden on this issue.” United States v. Jackson, 2021 U.S. Dist. LEXIS 203234 (D.Minn. Aug. 25, 2021), adopted, 2021 U.S. Dist. LEXIS 202192 (D.Minn. Oct. 20, 2021).