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Utah's Top Court Says Government Can't Portray Refusals To Unlock Phones As Incriminatory
There's been plenty of courtroom discussion about Fifth Amendment rights surrounding compelled decryption in recent years. Encryption is on by default on most devices these days. Law enforcement seems to believe all it needs is a warrant to compel decryption. Courts aren't so sure. A lot of judicial discussion revolves around the "foregone conclusion" doctrine.…
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Eighth Circuit: When Pretty Much Every Judge Thinks Your Warrant Is Bad, Good Faith Ain't Gonna Save It
Warrants that are short on things required by the Fourth Amendment -- probable cause, specificity, the correct address, solid affidavits -- are often given a free pass because law enforcement has plenty of options when it comes to sneaking around the edges of the Constitution. In some cases, the excuses are pretty much just this:…
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