Category Archives: Privileges

NPR: Decrypting The Decryption Dilemma

NPR: Decrypting The Decryption Dilemma (1A, one hour, “Should the government be able to access the locked phones of convicted or accused criminals? That issue has cropped up again after the FBI asked Apple to provide data on two iPhones … Continue reading

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The Daily Report/Law.com: Commentary: What If a Border Agent Seeks Your Smartphone That Includes Client Secrets?

The Daily Report/Law.com: Commentary: What If a Border Agent Seeks Your Smartphone That Includes Client Secrets? (“Consider these issues to maintain privilege and confidentiality during international travel.”)

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NYTimes: Apple Takes a (Cautious) Stand Against Opening a Killer’s iPhones

NYTimes: Apple Takes a (Cautious) Stand Against Opening a Killer’s iPhones By Jack Nicas and Katie Benner (“The Silicon Valley giant is preparing for a legal fight over encryption, even as it works to reduce tensions with the Justice Department.”)

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Law360: Lawmakers Push To Extend Atty-Client Shield To Prison Emails

Law360: Lawmakers Push To Extend Atty-Client Shield To Prison Emails by RJ Vogt:

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NJ: Civil forfeiture answer can’t be used against a criminal defendant under Garrity

A defendant’s answers in a civil forfeiture action cannot be introduced in a parallel criminal proceeding under the authority of Garrity v. New Jersey. Here, however, it proves to be harmless error. State v. Melendez, 2020 N.J. LEXIS 2 (Jan. … Continue reading

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FL1 certifies to the FL S.Ct. whether the password to a cell phone is protected by the 5A

FL1 certifies to the FL S.Ct. whether the password to a cell phone is protected by the Fifth Amendment. Pollard v. State, 2019 Fla. App. LEXIS 18978 (Fla. 3d DCA Dec. 23, 2019): What is the proper legal inquiry when … Continue reading

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Bloomberg Law: New Appeals Test for Medical Prescription Warrantless Searches

Bloomberg Law: New Appeals Test for Medical Prescription Warrantless Searches by John Nancarrow (“A federal appeals court could rule anytime on whether law enforcement needs a warrant to access information on people’s prescription drug use from state databases—a case that’s … Continue reading

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S.D.N.Y.: Morocco can sue under the Vienna Convention, but its request for relief from a search of phones of two consular employees is denied without prejudice

The Kingdom of Morocco waived consular inviolability for a search warrant for alleged visa fraud by two of its employees in NYC on whom criminal complaints had been filed. Cell phones were seized. Morocco sought to intervene in grand jury … Continue reading

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N.D.Ill.: Compelled use of biometrics to open a cell phone doesn’t violate 4A or 5A

“[T]his Court holds that compelling an individual to scan their biometrics, and in particular their fingerprints, to unlock a smartphone device neither violates the Fourth nor Fifth Amendment. Accordingly, the Court has signed and authorized the government’s warrant, including the … Continue reading

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PA: State’s seeking the passcode to unencrypt a computer hard drive violates the 5A

The state’s seeking the passcode to unencrypt a computer hard drive violates the Fifth Amendment. Commonwealth v. Davis, 2019 Pa. LEXIS 6463 (Nov. 20, 2019):

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CA4: “Filter Team” of govt agents and AUSAs violated separation of powers and A-C privilege

The USMJ’s ex parte creation of a “Filter Team” of federal agents and prosecutors to review the seizure of records from a law firm under a search warrant violates separation of powers and doesn’t adequately protect attorney-client privilege and work … Continue reading

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OR: Order to produce passcode to an iPhone seeks testimonial evidence

Defendant was held in contempt for not providing the passcode to access his cell phone. The court of appeals affirms. Entering a passcode into a smartphone is testimonial in nature. The Fifth Amendment’s foregone conclusion doctrine as to knowledge of … Continue reading

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