United States v. Mitchell

Judge RYAN-,

dissenting.

I disagree that the Government violated Appellee’s legal rights by asking him to enter *421the passcode to unlock his iPhone, a device the Government had the legal right to seize and search pursuant to a valid search authorization. It is abundantly clear that such a request does not constitute an “interrogation,” see Edwards v. Arizona, 451 U.S. 477, 485, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981); Military Rule of Evidence (M.R.E.) 305(c)(2), in derogation of the Fifth Amendment’s protection-against “being compelled in any criminal case to be a -witness against himself.” U.S.…