Note: this piece was originally published in Reason, and was written by Checks & Balances member Orin Kerr.
The Indiana Supreme Court has handed down a decision in a compelled decryption case, Seo v. State, that creates a clear split in the lower courts on how the Fifth Amendment privilege against self-incrimination applies to compelled unlocking of a phone. The split means that there’s a chance the U.S. Supreme Court might review the decision, and they’re likely to take a case on this issue soon even if they don’t take this particular one.
This post summarizes the legal issue, explains the new decision, and then considers the chances the U.S. Supreme Court might agree to take the case if the losing party seeks further review. (It’s a long post, but I promise a fascinating federal courts problem at the end. No, really!)
Continue reading at Reason.