Commonwealth v. Baust

89 Va. Cir. 267 (2014)

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Commonwealth v. Baust

Virginia Circuit Court
89 Va. Cir. 267 (2014)

RW

Facts

The Commonwealth of Virginia (plaintiff) charged David Baust (defendant) with assault. Under police questioning, Baust admitted the possibility that his encrypted smartphone captured video footage of the incident. The prosecutor asked a state circuit court to compel Baust’s production of the passcode and fingerprint needed to bypass the phone’s encryption. Baust’s lawyer objected on Fifth Amendment grounds.

Rule of Law

Issue

Holding and Reasoning (Frucci, J.)

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