Investigation

IN A HUMAN TRAFFICKING INVESTIGATION, COMMONWEALTH SEEKS TO COMPEL THE DEFENDANT TO PROVIDE THE PASSWORD TO HIS CELL-PHONE. ATTORNEY PATRICK J. NOONAN OPPOSED THE MOTION TO COMPEL. AFTER A HEARING, COURT DENIED THE MOTION COMPELLING THE DEFENDANT TO PRODUCE HIS PASSWORD. 

Defendant was being investigated for a variety of crimes, including Trafficking of a Person for Sexual Servitude pursuant to G.L. c. 265, §50(a). The police obtained the Defendant’s cell phone through a search warrant. During the investigation, the Commonwealth filed a motion requesting the court to compel the Defendant to provide the password to his cell phone. Attorney Patrick J. Noonan objected and requested a hearing before the Judge. Attorney Noonan submitted a written opposition arguing that the Commonwealth has not satisfied its burden of proof to compel the password. After a hearing, and considering the arguments, the Judge denied the Commonwealth’s motion to compel the Defendant to produce the password to his cell phone.