Commonwealth v. Gelfgatt
| Docket Number | SJC-11358 |
| Decision Date | 25 June 2014 |
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34 cases
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In re Order Requiring Apple, Inc.
...of a handwriting exemplar ... even though the subject may face criminal sanctions as a result of his compliance”); Com. v. Gelfgatt, 468 Mass. 512, 11 N.E.3d 605, 612 (2014) (compelling defendant to enter passcode into encrypted computers did not violate the Fifth Amendment right against se......
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In re Search of [Redacted] Wash.
...It is pure testimonial production ...."), rev'd on other grounds , 2009 WL 424718 (D. Vt. Feb. 19, 2009) ; Massachusetts v. Gelfgatt , 468 Mass. 512, 11 N.E.3d 605, 614 (2014) ("This is not simply the production of real or physical evidence like a blood sample or a handwriting exemplar. Rat......
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State v. Andrews
...because he is not selecting documents and producing them, but merely entering a password into encryption software." 468 Mass. 512, 11 N.E.3d 605, 615 n.14 (2014).The Gelfgatt court thus found authentication immaterial and applied the exception in the context of the issue before it: the pros......
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Commonwealth v. Jones
...and art. 12 of the Massachusetts Declaration of Rights. The Commonwealth argued that under our decision in Commonwealth v. Gelfgatt, 468 Mass. 512, 11 N.E.3d 605 (2014), the act of entering the password would not amount to self-incrimination because the defendant's knowledge of the passwo......
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10 books & journal articles
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COMPUTER CRIMES
...motion to quash a trial subpoena compelling him to produce passwords for seized hard drives and flash drives); Commonwealth v. Gelfgatt, 468 Mass. 512, 524 (Mass. 2014) (“The Commonwealth’s motion to compel decryption does not violate the defendant’s rights under the Fifth Amendment becaus......
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Locked Out or Locked Up: The Need for New Guidelines for Compelled Decryption.
...Meet 21st Century Technology: Compelling Individuals to Enter Passwords into Electronic Devices Under Commonwealth v. Gelfgatt, 468 Mass. 512 (2014) and Commonwealth v. Jones, 481 Mass. 540 (2019), 101 Mass. L. Rev. 65, 68 (2020) (highlighting foregone conclusion exception can render testim......
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Search and seizure of electronic devices
...the defendant’s phone conversations admitting that the incriminating data was on the computer. Similarly in Commonwealth v. Gelfgatt , 11 N.E.3d 605 (Mass. 2014), the court held that because the defendant had already made admissions about using the computer for mortgage transactions that th......
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Search and Seizure of Electronic Devices
...the defendant’s phone conversations admitting that the incriminating data was on the computer. Similarly in Commonwealth v. Gelfgatt , 11 N.E.3d 605 (Mass. 2014), the court held that because the defendant had already made admissions about using the computer for mortgage transactions that th......
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