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Reason
Reason
Politics
Orin S. Kerr

HISTORICAL FACTS: Is compelled decryption heading to the supreme court - The Untold Story

One of the major issues in the law of digital evidence investigations is how the Fifth Amendment privilege against self-incrimination applies to unlocking phones.  As I wrote here at the Volokh Conspiracy back in 2020, the lower court caselaw is a total mess. No one can say what the law is.  And I've been waiting for a case to come down that might be a good candidate for U.S. Supreme Court review to clear up the mess.

Here's a possibility: The Utah Supreme Court's ruling today in State v. Valdez. In this post, I want to talk about Valdez and consider if it would be a good prospect for Supreme Court review.

The Facts

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