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Say the Secret Word: Court Allows Cellphone Search Despite Password Request before Miranda Warning

八月 9, 2018

In O’Melveny partner Ron Cheng’s latest column for Forbes.com, he explores the pending Foreign Corrupt Practices Act case against former Hong Kong official Patrick Chi-Ping Ho. 

Cheng observes that the case “presents a cutting-edge computer crime issue. When police question an individual without reading him his Miranda rights, and obtain the individual’s cellphone password, should data found in the cellphone be suppressed? The case illustrates some of the thorny issues that arise when courts and law enforcement apply existing law to new technology.” 

To read the full article, click here.