Pennsylvania v. Davis

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
19-1254 Pa. TBD TBD TBD TBD TBD

Issues: (1) Whether the foregone-conclusion exception to the Fifth Amendment privilege against self-incrimination established in Fisher v. United States and its progeny applies to the compelled production of passwords to encrypted electronic devices when the government has seized a device pursuant to a valid search warrant and has independent knowledge that the password exists, is known by the suspect and will decrypt the device, such that the compelled information itself lacks testimonial significance and any testimony implied by the compelled act is already known by the government, is not in issue and adds little or nothing to the sum total of the government's information; and (2) whether, assuming the foregone-conclusion exception applies, the government must demonstrate knowledge relating solely to the password sought or must also demonstrate knowledge of the contents of the encrypted device for which a judge has already authorized a search.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 12 2020Application (19A900) to extend the time to file a petition for a writ of certiorari from February 18, 2020 to March 19, 2020, submitted to Justice Alito.
Feb 14 2020Application (19A900) granted by Justice Alito extending the time to file until March 19, 2020.
Mar 05 2020Application (19A900) to extend further the time from March 19, 2020 to April 2, 2020, submitted to Justice Alito.
Mar 12 2020Application (19A900) granted by Justice Alito extending the time to file until April 16, 2020.
Apr 20 2020Petition for a writ of certiorari filed. (Response due May 29, 2020)
May 08 2020Motion to extend the time to file a response from May 29, 2020 to July 28, 2020, submitted to The Clerk.
May 11 2020Motion to extend the time to file a response is granted and the time is extended to and including July 28, 2020.
May 26 2020Brief amici curiae of State of Utah, et al. filed.
Jul 28 2020Brief of respondent Joseph Davis in opposition filed.
 
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