Follow me on Twitter and see How-To Videos on my YouTube channel.
New tips for paralegals and litigation support profesionals are posted to this site each night. Click on the blog headings for better detail.
The views expressed in this blog are those of the owner and do not reflect the views or opinions of the owner’s employer. All content provided on this blog is for informational purposes only. The owner of this blog makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information. This policy is subject to change at any time. The owner is not an attorney, and nothing posted on this site should be construed as legal advice. Litigation Support Tip of the Night does not provide confirmation that any e-discovery technique or conduct is compliant with legal, regulatory, contractual or ethical requirements.
This month, the Oregon Court of Appeals in State v. Pittman, 300 Or App 147 (Ore. Ct. App. Oct. 16, 2019) ruled that the Fifth Amendment did not prevent the police from requiring a defendant to disclose the passcode to her smartphone.
gone conclusion. Given the latter conclusion, defendant’s challenge to the court’s ruling (as presented in her opening brief) is not viable, and we affirm.”. Id. at 149.
The Court noted that SCOTUS has never applied the foregone conclusion doctrine to anything other than document productions. State courts and federal appellate courts have applied the doctrine inconsistently. Some courts have found that the passcode to an encrypted device must be a foregone conclusion; others that a defendant’s knowledge of the passcode must be foregone; and still others that the contents must be foregone.
The Oregon Court of Appeals ruled that only the knowledge of the passcode had to be a foregone conclusion.