Florida v. Garcia

Brief of Amici CuriaeAmerican Civil Liberties Union, Electronic Frontier Foundation, and National Association of Criminal Defense Lawyers.

Brief filed: 06/24/2021

Documents

Florida v. Garcia

Supreme Court of Florida; Case No. SC20-1419

Prior Decision

Decision below 302 So.3d 1051 (Fla.App. 5 Dist. Aug. 28, 2020)

Argument(s)

Compelling a criminal suspect to disclose a passcode is testimony privileged by the Fifth Amendment. The Fifth Amendment prohibits compelled disclosure of the contents of a suspect’s mind. Compelled disclosure of the passcode is testimonial. The Fifth District properly declined to apply the foregone-conclusion rationale in this case. The Foregone-conclusion analysis applies only to the production of specified, preexisting business records. Even if the foregone-conclusion rationale could apply in this context, the state must describe with reasonable particularity the incriminating files it seeks. Law enforcement has alternative methods of accessing encrypted devices.

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Author(s)

Jo Ann Palchak, NACDL, Tampa, FL; Daniel B. Tilley, ACLU of Florida, Miami, FL.

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