Illinois Appellate Court
Criminal Court
Possession of a Controlled Substance
Defendant was arrested for unlawful possession of a controlled substance. State moved to compel him to disclose the passcode for a cell phone found on him when he was arrested.Court properly denied State's motion, as it would violate Defendant's 5th amendment right against self-incrimination. Passcode is a testimonial communication. State is seeking the information which the passcode would decrypt. State did not establish with reasonable particularity the contents of the phone. (SCHMIDT and WRIGHT, concurring.)