Archive: November 20, 2019

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Commonwealth v. Davis (PA Supreme Court, 2019)

Commonwealth v. Davis (PA Supreme Court, 2019)

Key Insight: computer passwords/access, act of production

Nature of Case: Fifth Amendment violation (Criminal)

Electronic Data Involved: computer files

Keywords: “foregone conclusion” exception, password, search warrant, encryption, testimonial in nature, compulsion of mental processes

Identified State Rule(s): Pa.R.A.P. 313(b)

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