STATE v. GARCIA

No. SC20-1419.

350 So.3d 322 (2022)

STATE of Florida, Petitioner, v. Johnathan David GARCIA, Respondent.

Supreme Court of Florida.

October 27, 2022.


Attorney(s) appearing for the Case

Ashley Moody , Attorney General, Henry C. Whitaker , Solicitor General, Jeffrey Paul DeSousa , Chief Deputy Solicitor General, and Christopher J. Baum , Senior Deputy Solicitor General, Tallahassee, Florida, for Petitioner.

Robert Wesley , Public Defender, Robert Thompson Adams IV , Catherine Conlon , and Marie Taylor , Assistant Public Defenders, Ninth Judicial Circuit, Orlando, Florida, for Respondent.

Harvey J. Sepler of Alvarez Gonzalez Menezes LLP, Hollywood, Florida, for Amici Curiae Independence Institute and Due Process Institute.

Jackie Perczek and Jeanelle Gomez of Black Srebnick, Miami, Florida, and Diana L. Johnson , Jacksonville, Florida, for Amici Curiae Florida Association of Criminal Defense Lawyers and Professor Laurent Sacharoff.

Daniel B. Tilley of American Civil Liberties Union of Florida, Inc., Miami, Florida, and Jo Ann Palchak of The Law Office of Jo Ann Palchak, P.A., Tampa, Florida, for Amici Curiae American Civil Liberties Union, Electronic Frontier Foundation, and National Association of Criminal Defense Lawyers.


We took this case to answer questions posed by the Fifth District Court of Appeal1 about whether requiring a defendant to disclose the passcode to an encrypted smartphone violates his constitutional right not to "be compelled in any criminal case to be a witness against himself." U.S. Const. amend. V.

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