Florida Court Denies Shield for iPhone Passcode

Florida Court Denies Shield for iPhone Passcode

LAKELAND, Fla. — A Florida man suspected of voyeurism can be compelled to tell police his iPhone passcode so they can search it for incriminating photos, a Florida appellate court ruled last week.

Aaron Stahl was arrested after a woman who was shopping in a store saw him crouch down and extend an illuminated cellphone under her skirt, court records said.

The victim confronted him, and the man told her that he had dropped his cellphone. While yelling for assistance, the victim attempted to detain the man, but he was able to free himself and flee the store before assistance arrived.

Police were able to identify him using his car’s license plate number, and he was was arrested for third-degree voyeurism.

In a police interview, Stahl initially gave verbal consent to a search of his Apple iPhone 5, but he withdrew his consent before telling police his four-digit passcode.

Once police obtained a warrant for the phone, they were still unable to access the photos on the phone.

But without the four-digit passcode known only to the user even Apple cannot extract the data from the phone because the encryption key is tied to the passcode. After 10 failed attempts to enter the passcode, an iPhone will lock and likely erase its contents.

A Florida judge earlier denied the state’s motion to compel Stahl to give up his passcode, ruling that it would be tantamount to forcing him to testify against himself in violation of the Fifth Amendment.

But the Florida Court of Appeal’s Second District, in an opinion written by Judge Anthony Black, reversed that decision last week, ruling that the passcode is not related to any criminal photos or videos found on the phone.

“Providing the passcode does not ‘betray any knowledge [Stahl] may have about the circumstances of the offenses’ for which he is charged,” Black said, writing for the three-judge panel.

Black further said that he questioned the viability of any distinction between passcodes and use of touch ID fingerprints as technology advances. 

“[W]e are not inclined to believe that the Fifth Amendment should provide greater protection to individuals who passcode protect their iPhones with letter and number combinations than to individuals who use their fingerprint as the passcode,” Black wrote.

“Compelling an individual to place his finger on the iPhone would not be a protected act; it would be an exhibition of a physical characteristic, the forced production of physical evidence, not unlike being compelled to provide a blood sample or provide a handwriting exemplar.”

Industry attorney Larry Walters of Walters Law Group told XBIZ today that the Stahl case is another example of how digital privacy rights are being chipped away.

“There is a conflict in the courts regarding whether the Fifth Amendment protects a citizen’s right to refuse to give up a password,” Walters said. “Some courts have concluded that enforcing such an obligation requires the citizen to reveal what’s in his or her mind. That seems to be obviously within the scope of what the Fifth Amendment was designed to protect.

"If we believe in the right against self- incrimination, how can we say the government should be able to force you to reveal ‘secret’ codes that only you know?"

Walters said that the appellate court “took a very narrow view of the importance of a cellphone passcode.”

“Basically, the court said that the state already has all of the information that the passcode will reveal, so forcing the defendant to reveal the passcode doesn’t add much to the state’s case,” Walters said. “So, the court decided it would be OK to force the defendant to reveal the passcode, since the information was a foregone conclusion.

“However, that’s not accurate since the state would not likely have any of the crucial evidence necessary to prove the voyeurism offense without the passcode.

Unfortunately, Walters said, in the law bad decisions can produce other bad decisions.

“Part of this court’s ruling was based on a prior case that said the government can force you to use your thumbprint to unlock a phone, since that’s different from providing the actual password. That’s more like providing a mugshot, blood sample or fingerprint, according to the prior decision.

“Based on that case, this court reasons that there should be no real difference in whether you unlock a phone using your fingerprint or a passcode. The court is right on that one — but both should be deemed ‘testimonial’ and protected by the Fifth Amendment.”

View appellate decision

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

AEBN Publishes Report on DP Trends

AEBN has published a report on DP and extreme penetration categories from its straight and gay theaters.

Free Speech Coalition Appoints Megan Stokes to Board of Directors

The Free Speech Coalition (FSC) announced today that it has appointed Megan Stokes to its Board of Directors.

FansRevenue Acquires DivaTraffic

FansRevenue has acquired web traffic service DivaTraffic.

AEBN Announces Peter Green as Top Male Boy/Girl Performer for Summer 2025

AEBN has revealed its top 10 male Boy/Girl performers for summer 2025, with Peter Green landing atop the leaderboard.

Spicey AI Relaunches Site, Debuts $Spicey Tokens

Interactive voice chat platform Spicey AI has relaunched its website and introduced $Spicey tokens.

FSC: Missouri Age Verification Rule Will Not Take Effect August 30

The Free Speech Coalition (FSC) announced that Missouri's proposed age verification legislation will not take effect on August 30, as it had originally estimated.

Little Caprice, Marcello Bravo to Co-Host 2025 XMA Europa Awards

XBIZ is pleased to announce that husband-and-wife duo Little Caprice and Marcello Bravo will co-host adult’s biggest night in Europe: the 2025 XMA Europa Awards on Sept. 4, in the epic climax to XBIZ’s fall events series.

Germany Will Block Payments to AV-Noncompliant Adult Sites as of Dec. 1

Starting Dec. 1, Germany will implement new rules prohibiting financial institutions from providing payment services to adult sites deemed to have inadequate age verification systems and making it easier for the government to target websites mirroring the content of such sites.

Jerkmate Joins Pineapple Support as Partner-Level Sponsor

Jerkmate has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

FSC Launches Age Verification Toolkit for Adult Websites

The Free Speech Coalition (FSC) announced today that it has launched a comprehensive toolkit to help adult websites navigate age verification laws.

Show More