Federal prosecutors still have not been able to access Eric Adams' cell phone.
They have had the phone since November 2023.
The mayor of New York City, Eric Adams, was indicted last week on charges including fraud, bribery, and soliciting donations from foreign nationals. According to the charges, during a federal investigation, Adams told agents that he had forgotten the password to his phone before handing it over. This incident occurred almost a year ago, and to date, investigators have been unable to access the device, prosecutors stated on Wednesday.
During a hearing in federal court, prosecutor Hagan Scotten noted that the FBI's inability to access Adams's phone is a "significant factor" in the investigation. In November 2023, the FBI obtained a search warrant for the mayor's devices. Adams initially handed over two phones but did not have his personal device at that time. The indictment does not specify what type of phone the mayor uses.
The next day, when Adams handed over his personal phone, he stated that he had changed the password the day before—after learning of the investigation—and that he could not remember it. Adams informed investigators that he changed the password "to prevent members of his team from inadvertently or intentionally deleting the content of his phone," according to the allegations in the indictment.
Although Adams's justification may not be truthful (or if he remembers his password later), he is not necessarily required to provide it to authorities. Several courts have ruled that even in situations where police have a warrant to search a phone, the Fifth Amendment right against self-incrimination prevents investigators from forcing a suspect to reveal their password. Access codes to phones are often considered a form of "testimonial" evidence as they require a person to express their thoughts. However, if Face ID or Touch ID were enabled on Adams's device, the FBI could unlock his phone using biometrics, which is generally not considered testimonial evidence.
It is possible that the FBI could access Adams's phone without his code or fingerprint, although they would need the right tools. After being unable to enter the phone of a shooter at a Trump rally, investigators from the FBI office in Pittsburgh sent the device to the FBI lab in Quantico, Virginia, where agents were able to unlock it in less than an hour. Reports indicate that they used an unpublished tool from the Israeli mobile forensics company Cellebrite to achieve this. Nevertheless, experts have pointed out that accessing Adams's phone could be "monumentally difficult" for the FBI.