Feb 19, 2008 Fifth Amendment protects right to withhold computer password
Computer hard drive. (Image from Pacific Northwest Laboratory’s website).
From reading this Boucher opinion — which reached the press and blogosphere upon publication, and which I discuss here in part to keep the caselinks conveniently indexed for easy retrieval and monitoring — one would wonder whether this is the first time this issue has been handled head-on in a written court opinion available on Lexis and Westlaw (Orin Kerr believes the answer is yes). A Shepard’s search does not show this November 2007 opinion cited in any subsequent court opinions. A review of the Boucher online docket shows that the prosecution filed an appeal from Magistrate Judge Niedermeier’s order on January 2, 2008. On February 11, 2008, defendant Boucher filed a surreply in District Court to the prosecutor’s appeal; that is the last docket entry in the case thus far. Jon Katz.