Archive - November 20, 2019

1
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)

Copyright © 2022, K&L Gates LLP. All Rights Reserved.