When ‘Miranda’ violations lead to passwords

A new decision, United States v. Ashmore (W.D. Ark. December 7, 2016), raises an interesting question at the intersection of new technology and constitutional rights: If the government violates a suspect’s Miranda rights, interrogating him without reading Miranda warnings, and during the interrogation obtains the suspect’s passwords that are then used to access his phone and computer, are the phone and computer admissible in court?

The district court held that the passwords themselves must be suppressed but that, on the specific facts of this case, the evidence on the devices should not be suppressed. I think that’s the right result, although the court reached that result for the wrong reason. And I think that the government should win on much broader grounds than the court realized.