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Should a defendant be required to disclose the passcode to his cell phone? Four New Jersey Supreme Court justices said yes; three said no. State v. Andrews, 2020 WL 4577172.

Quincy Lowery was a target of a narcotics investigation. Defendant Andrews, a former Essex County Sheriff’s officer, as a result of allegedly providing Lowery, with information to avoid criminal exposure, was indicted for official misconduct, obstruction of justice, and hindering apprehension.

Lowery told police that Andrews used his cell phone to inform Lowery that law enforcement officers were doing wiretaps, that a man who followed Lowery was a member of the prosecutor’s office, that a car following Lowery was a law enforcement vehicle, and that Lowery should check his own car for tracking devices.

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