Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Leonard Deutchman Leonard Deutchman

In Commonwealth v. Davis, No. 56 MAP 2018 (PA Supr. Ct. Nov. 20, 2019), the Pennsylvania Supreme Court, by a 4-3 vote, reversed the Superior Court’s and trial court’s determinations that compelling defendant to disclose his password (or passwords) to his computer, seized by warrant during an investigation of the appellant for distribution of child pornography and criminal use of a communications facility, would not violate the appellant’s protection against self-incrimination because of the “foregone conclusion” exception to the Fifth Amendment. In this month’s article, I review Davis and discuss its reasoning and what the foregone conclusion exception, in the age of computer passwords, tells us about both computers and the exception.


Trade SecretsBook

All-Inclusive Annual Service Pricing! James Pooley is a well-known and highly regarded attorney, and this book shows why. It is comprehensive ... and regularly ...

Get More Information

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.