Suspected rapist Uber driver refuses to give up phone password

A woman’s chance for justice is in an evidence bag locked by a password only known by the Uber driver suspected of raping her.

Felix Torres has been in jail since December of 2022.

• READ MORE: Court hearing for Uber driver accused of rape in Villas

Investigators say a video from the Ashlar Apartments in Fort Myers shows Torres putting on a mask as he follows his passenger to her door.

Moments later, he’s accused of covering her mouth, raping her and leaving her on the ground.

Detectives quickly arrested Torres, but there’s been little to no progress in the case. It’s all because a judge ruled Torres won’t go to trial, and he will remain in jail until he gives up the passcode to his phone.

But what if that never happens?

We spoke with people about this case and got their thoughts on what they think about a judge keeping someone in jail because they won’t give up their phone password.

People are split. On one hand, some told us, if you’ve got nothing to hide, why not give up the password to your phone?

Others said their entire lives are on their phones, and they can see why something like that should be considered protected information.

A constitutional attorney we spoke with said it’s extremely rare for someone to be held in contempt of court for more than a year.

The details of the case are horrifying, simply put, but there is an interesting constitutional question here.

“The first amendment, the fourth amendment, the fifth amendment, the sixth amendment and the eighth amendment. All of those are jumping right jumping right up,” said Pamella Seay, legal expert and FGCU law professor.

Let’s say you’re the only person who knows the password to your phone. Should a judge be allowed to toss you in jail and keep you there until you give up your password?

“If you do have something on your phone, it’s incriminating. If you don’t, you’re going to get jail time, so, either way, it’s a lose-lose situation for yourself,” said Jasmine from Maryland.

Seay said investigators can use your fingerprints, or your face to unlock your phone, but your password is something only you might know and giving it up could incriminate yourself something the bill of rights protects you from.

“This is my passcode; this is my password. Only I know it you can’t you can’t make me. Well, some courts say that’s protected. Others say it’s not, and the supreme court hasn’t really come right out and said yeah, kind of the only thing they have said I said if you have a warrant. Yes, you can get it, but it’s in my head, and I forgot. How are you going to get it now?” Seay said.

Torres waived his right to a speedy trial. Otherwise, Seay said he could demand one and wouldn’t be allowed to remain behing bars this long in contempt.

How long could torres be kept in jail while the judge waits for him to give up his phone’s password?

Seay said that after a six month period, generally people are entitled to a jury trial specifically over the contempt charges.

If the jury sides with the court, Seay said the judge can add another six months.

His trial was supposed to begin this January.