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New York City Mayor Eric Adams, who was indicted<\/a> last week on charges including fraud, bribery, and soliciting donations from foreign nationals, told federal investigators he forgot his phone password<\/a> before handing it over, according to charging documents. That was almost a year ago, and investigators still<\/em> can\u2019t get into the phone, prosecutors said Wednesday.\u00a0<\/p>\n<\/div>\n During a federal court hearing, prosecutor Hagan Scotten said the FBI\u2019s inability to get into Adams\u2019 phone is a \u201csignificant wild card,\u201d according to a report from the New York Post<\/em><\/a>. The FBI issued a search warrant for Adams\u2019 devices in November 2023. Adams initially handed over two phones but didn\u2019t have his personal device on him. The indictment does not mention what type of device Adams uses.<\/p>\n<\/div>\n When Adams turned in his personal cellphone the following day, charging documents say, he said he had changed the password a day prior \u2014 after learning about the investigation \u2014 and couldn\u2019t remember it. Adams told investigators he changed the password\u00a0\u201cto prevent members of his staff from inadvertently or intentionally deleting the contents of his phone,\u201d the indictment alleges.<\/p>\n<\/div>\n Even if Adams\u2019 excuse isn\u2019t true (or if he happens to remember his password later on), he may not have to give that information to the police. Several courts have ruled<\/a> that, even in instances where police have a warrant to search someone\u2019s phone, the Fifth Amendment right against self-incrimination means investigators can\u2019t compel a suspect to tell them their phone password. Phone passcodes are often considered a form of \u201ctestimonial\u201d evidence because they require a person to reveal their thoughts. But if Face or Touch ID had been enabled on Adams\u2019 device, the FBI potentially could have unlocked his phone with biometrics \u2014 which aren\u2019t typically considered a form of testimonial evidence.<\/p>\n<\/div>\n The FBI may be able to get into Adams\u2019 phone without his passcode or thumbprint \u2014 they just need the right tools<\/a>. After investigators at the FBI\u2019s Pittsburgh field office failed to break into the Trump rally shooter\u2019s phone<\/a>, they sent the device over to the FBI lab in Quantico, Virginia, where agents cracked it in less than an hour. The investigators at Quantico reportedly used<\/a> an unreleased tool from the Israeli mobile forensics company Cellebrite to unlock the shooter\u2019s phone.\u00a0<\/p>\n<\/div>\n