Harris v. State
The Second DCA affirmed a civil contempt order against Marvin Harris for refusing to provide the passcode to his iPhone pursuant to a search warrant, holding that his Fourth Amendment challenges to the warrant and underlying stop were premature because he had not yet been charged with any crime. The court expressly declined to rule on the merits of any Fourth Amendment arguments, leaving them available if the State later files charges. In a footnote, the court flagged—but did not resolve—the unraised issue of whether compelling a passcode constitutes testimonial compulsion under the Fifth Amendment, noting the existing conflict between its own Stahl decision and contrary rulings from the Fourth, Fifth, and First DCAs.
Key facts
- Marvin Harris was held in civil contempt for refusing to provide the passcode to his iPhone pursuant to a search warrant issued by law enforcement.
- Harris challenged the validity of the search warrant and the underlying stop/seizure in the contempt proceeding before any criminal charges were filed against him.
- +2 more key facts with a free trial
Why it matters
This opinion is useful to practitioners handling digital search warrants and passcode-compulsion disputes because it confirms that pre-charge Fourth Amendment challenges to a warrant cannot be litigated through a… — full analysis with a trial
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