Federal prosecutors still can’t get into Eric Adams’ cellphone

New York City Mayor Eric Adams, who was charged last week with fraud, bribery and solicitation of foreign donations, among other things, told federal investigators that he forgot his phone password before handing it over, according to charging documents. That was almost a year ago, and the investigators Despite it I can't answer the phone, the public prosecutor's office said on Wednesday.

During a hearing in federal court, prosecutor Hagan Scotten said the FBI's inability to get to Adams' phone was a “significant wild card,” according to a federal court report New York Post. The FBI issued a search warrant for Adams' devices in November 2023. Adams initially handed over two phones but did not have his personal device with him. The indictment does not mention what type of device Adams used.

According to charging documents, when Adams turned in his personal cell phone the next day, he said he had changed the password the day before – after learning about the investigation – and could no longer remember it. Adams told investigators he changed the password “to prevent his employees from accidentally or intentionally deleting the contents of his phone,” the indictment says.

Even if Adams' excuse isn't true (or if he happens to remember his password later), he may not need to share that information with the police. Several courts have ruled that investigators cannot compel a suspect to provide their phone password, even if police have a search warrant, because of the Fifth Amendment's right against self-incrimination. Phone passcodes are often viewed as a type of “testimonial evidence” because they require a person to reveal their thoughts. But if Face or Touch ID had been enabled on Adams' device, the FBI might have been able to unlock his phone using biometric data – which is not typically considered a form of witness evidence.

The FBI may be able to access Adams' phone without his passcode or fingerprint – they just need the right tools. After investigators at the FBI's Pittsburgh field office failed to break into the Trump rally shooter's phone, they sent the device to the FBI lab in Quantico, Virginia, where agents cracked it in less than an hour. Investigators at Quantico reportedly used an unpublished tool from Israeli cell phone forensics company Cellebrite to unlock the shooter's phone.

Still, experts said so post that it could be “tremendously difficult” for the FBI to break into Adams’ phone.

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