“I Forgot It”: Can the Police Force You to Reveal Your iPhone Password?

By: John Guidry

You’ve seen this movie before, and it ends with a mom crying. And you hear this all the time: Speed kills. And you hear this all the time: Don’t drink and drive.

The case for today is G.A.Q.L. v. State, 2018 Fla. App. LEXIS 15240 (Fla. 4th DCA 2018).

• The Facts: “G” (a juvenile) was speeding, wrecked his car, and killed a teenage passenger. His blood alcohol was 0.086 (four times the limit for a minor).
• The Investigation: A surviving passenger told police she was texting “G” before and after the crash. Police got a warrant for “G’s” iPhone 7.
• The Problem: It was locked. And the local police can’t crack iPhones.

So, they got a court order demanding “G” turn over his passcode. He refused, pleading the 5th Amendment.

Did the police demand your passcode or hold your phone to your face?

Your digital privacy rights depend on your zip code. Call John today at (407) 423-1117.

The “Key vs. Combination” Debate

The 5th Amendment says you cannot be compelled to be a “witness against yourself.”

• The Question: Is telling the police your password “testimony”?

The Supreme Court uses the Safe Analogy (Doe v. United States):

• The Key (Physical): The government can force you to hand over a physical key to a safe. This is a physical act, not testimony.
• The Combination (Mental): The government cannot force you to reveal the combination to a wall safe. That requires you to “disclose the contents of your mind.”

The Split in Florida Law: Is a passcode a Key or a Combination? Florida courts disagree.

1. The “You Must Talk” Rule (State v. Stahl, 2nd DCA) In the 2nd District (Tampa/Lakeland), the court ruled in Stahl that you must give up the passcode.

• The Logic: If the State already knows the phone is yours (a “Foregone Conclusion”), the passcode isn’t incriminating testimony—it’s just a key.

2. The “You Can Stay Silent” Rule (G.A.Q.L., 4th DCA) In the 4th District (West Palm/Broward), the court ruled in G.A.Q.L. that you do not have to give it up.

• The Logic: Revealing a password “probes into the contents of an individual’s mind.” It is a compelled confession of knowledge.

John’s 2026 Update: The Biometric Loophole & The “Garcia” Punt

Note: In 2018, we hoped the Supreme Court would fix this. In 2026, we are still waiting.

1. The “Garcia” Punt (Zip Code Justice) We thought the Florida Supreme Court would resolve the conflict in State v. Garcia (2022).

• The Result: They dodged it! The Court dismissed the case on a technicality (jurisdiction) and refused to rule on the 5th Amendment issue.
• The 2026 Reality: Your rights literally depend on where you are arrested. If you are in Tampa (2nd DCA), you might go to jail for contempt if you don’t give up the code. If you are in Orlando (5th DCA) or West Palm (4th DCA), you can likely keep your mouth shut and win.

2. Biometrics: The “Face Force” Tactic Because the law on passcodes (mental) is tricky, police in 2026 prefer Biometrics (physical).

• The Tactic: While you are handcuffed, the officer simply holds the phone up to your face (FaceID) or presses your thumb to the sensor.
• The Law: Most courts currently say this is legal because your face is a “physical key” (like a blood sample), not “testimony” from your mind. However, recent federal rulings (like the D.C. Circuit in 2025) are starting to push back, arguing that unlocking the phone is inherently communicative.

3. The “S.O.S. Mode” Trick If you are being pulled over, you have about 10 seconds to protect your rights.

• The Tip: On most phones, holding the Power Button + Volume Button for 3 seconds engages “S.O.S. Mode.”
• The Result: This disables FaceID/TouchID instantly. The phone now requires the numeric passcode to unlock. By doing this, you shift the legal battle from “Physical Biometrics” (which you lose) to “Mental Passcodes” (which you can win).

Protect Your Mind

The 5th Amendment protects what is in your head, not what is on your thumbs. If you are in a situation where your phone contains evidence, do not rely on technology to save you—rely on your right to remain silent.

Call me at (407) 423-1117. Let’s file the Writ.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.