United States v. Apple MacPro Computer’s Empirical Analysis

Citation profile

7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he “foregone conclusion” exception to the Fifth Amendment privilege against self-incrimination provides that an act of production does not involve testimonial communication where the facts conveyed already are known to the government, such that the individual “adds little or nothing to the sum total of the Government’s information.” For the exception to apply, the government must establish its knowledge of (1) the existence of the evidence demanded; (2) the possession or control of that evidence by the defendant; and (3) the authenticity of the evidence.”

   2 later decisions quote this exact passage · from the majority
   e.g. Commonwealth v. Davis · Katelin Eunjoo Seo v. State of Indiana

2. “a very sound argument can be made that the foregone conclusion doctrine properly focuses on whether the Government already knows the testimony that is implicit in the act of production. In this case, the fact known to the government that is implicit in the act of providing the password for the devices is 'I, [the defendant], know the password for these devices.'”

   1 later decision quote this exact passage · from the majority
   e.g. Commonwealth v. Jones

3. “[i]t is important to note that we are not concluding that the Government's knowledge of the content of the devices is necessarily the correct focus of the 'foregone conclusion' inquiry in the context of a compelled decryption order”

   1 later decision quote this exact passage · from the majority
   e.g. Commonwealth v. Jones