Commonwealth v. Jones
| Docket Number | SJC-12564 |
| Decision Date | 06 March 2019 |
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10 cases
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Commonwealth v. Shipps
...318 (2017) (digital cameras); Commonwealth v. McDermott, 448 Mass. [at] 776, 864 N.E.2d 471 ... (computers)." Commonwealth v. Jones, 481 Mass. 540, 549 n.11, 117 N.E.3d 702 (2019) (remanding for entry of order compelling defendant to enter password into cell phone for which Commonwealth had......
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State v. Andrews
...decryption seeks only the password. See, e.g., State v. Stahl, 206 So. 3d 124, 133 (Fla. Dist. Ct. App. 2016) ; Commonwealth v. Jones, 481 Mass. 540, 117 N.E.3d 702, 714 (2019) ; see also United States v. Apple MacPro Comput., 851 F.3d 238, 248 n.7 (3d Cir. 2017) (suggesting without decidin......
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Seo v. State
...knell for a constitutional protection against compelled self-incrimination in the digital age." Commonwealth v. Jones , 481 Mass. 540, 117 N.E.3d 702, 724 (2019) (Lenk, J., concurring); see also Davis , 220 A.3d at 549 ("[T]o apply the foregone conclusion rationale in these circumstances wo......
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State v. Pittman
...of the passcode, his possession and control of the phone's passcode, and the passcode's authenticity."); Commonwealth v. Jones , 481 Mass. 540, 551, 117 N.E.3d 702, 713, cert. den. , ––– U.S. ––––, 140 S. Ct. 545, 205 L. Ed. 2d. 345 (2019) (explaining that the Massachusetts Constitution "re......
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5 books & journal articles
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A CONSTELLATION OF CONSTITUTIONS: DISCOVERING & EMBRACING STATE CONSTITUTIONS AS GUARDIANS OF CIVIL LIBERTIES.
...much of a cell phone police may search, incident to arrest and without a warrant, under the Fourth Amendment); Commonwealth v. Jones, 117 N.E.3d 702, 706, 709-16 (Mass. 2019) (addressing whether the state's constitutional right against self-incrimination protects a defendant from being comp......
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Search and seizure of electronic devices
...(N.D. CA), the court held that the government’s burden of proof was clear and convincing evidence. However, in Commonwealth v. Jones , 117 N.E.3d 702 (Mass. 2019), the Massachusetts Supreme Court held this is a requirement under its state constitution. SEARCH & SEIZURE: ELECTRONIC DEVICES §......
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Search and seizure of electronic devices
...(N.D. CA), the court held that the government’s burden of proof was clear and convincing evidence. However, in Commonwealth v. Jones , 117 N.E.3d 702 (Mass. 2019), the Massachusetts Supreme Court held that under its state constitution, the government must prove the evidence beyond a reasona......
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Locked Out or Locked Up: The Need for New Guidelines for Compelled Decryption.
...(claiming police rely heavily on digital evidence to learn about victims and suspects); Commonwealth v. Jones, 117 N.E.3d 702, 722 n.1 (Mass. 2019) (Lenk, J., concurring) (noting lawful government seizure of encrypted devices faces challenges); Rob Lekowski, What Lawyers Need to Know About ......
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