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"Last week, the Utah Supreme Court ruled that prosecutors violated a defendant’s Fifth Amendment privilege against self incrimination when they presented testimony about his refusal to give police the passcode to his cell phone. In State v. Valdez, the court found that verbally telling police a passcode is “testimonial” under the Fifth Amendment, and that the so-called foregone conclusion exception does not apply to “ordinary testimony” like this. This closely tracks arguments in the amicus brief EFF and the ACLU filed in the case."
