A Hollywood man is serving 180 days in prison for refusing to give police his iPhone password as they look into allegations of child abuse.
Christopher Wheeler, 41, was sentenced Tuesday in a Broward Circuit Court after insisting that he had already provided his phone's pass code to authorities, although the combination of numbers did not unlock the phone.
Wheeler, who in May was found guilty of contempt of court, told the judge "I swear, under oath, I've given them the password."
The case showcases the friction over courts ordering defendants to give up their pass codes, which numerous critics say violates a citizen's Fifth Amendment right against self-incrimination. Judges have struggled to determine the appropriate level of access law enforcement can get to smartphones, tablets and hard drives.
Wheeler was first arrested in March on accusations of hitting and scratching his young daughter. He was charged with child abuse as a result of the case.
Detectives believe Wheeler's phone contains images of repeated injuries to the child, which could prove evidence in the case. A Broward judge earlier authorized a search warrant for Wheeler’s iPhone, but detectives have been unable to gain access.
When a judge ordered Wheeler to provide the pass code, it didn’t work. As a result, he was held him in criminal contempt earlier this month (May).
Wheeler will eventually be allowed to post bond pending an appeal. If he gives up a working pass code, he’ll be allowed out of jail, the judge told him.