The Massachusetts Supreme Judicial Court has two cases before it to keep an eye on. Summaries from the court, briefs, and links to oral argument are below.
SJC-11358
Commonwealth v. Gelfatt
Criminal; Self-incrimination-- Whether the Commonwealth's request in a criminal case for a court order compelling the defendant to enter his encryption key to access information on a computer seized by the Commonwealth violates the defendant's rights against self-incrimination.
Appellant Commonwealth Brief
Appellee Gelfgatt Brief
Appellant Commonwealth Reply Brief
ACLU Foundation Brief
Amicus Criminal Defense Lawyers Brief
Amicus Criminal Defense Laywes Brief [sic] (In support and joined by NACDL)
Amicus FL Dept Of Law Enforcement Brief
Amicus Opderbeck Brief
Notable events:
11/05/2013 --- Oral argument held. (Ireland, C.J., Spina, J., Cordy, J., Botsford, J., Gants, J., Duffly, J., Lenk, J.).
Oral Argument Video
SJC-11482
Commonwealth v. Augustine
Search and Seizure-- In a murder prosecution, the Commonwealth is appealing a Superior Court judge's order allowing the defendant's motion to suppress historic cell site location information relating to the defendant's cellular phone number; the District Attorney's Office obtained the information in connection with a murder investigation without a search warrant by means of a judicial order pursuant to a federal statute.
Notable events:
10/10/2013 --- Oral argument held. (Ireland, C.J., Spina, J., Cordy, J., Botsford, J., Gants, J., Duffly, J., Lenk, J.).
Oral Argument Video
10/24/2013 --- #18 ORDER (By the Court): Before the court in this case is the Commonwealth's appeal pursuant to G. L. c. 278, § 28E, and Mass. R. Crim. P. 15(a)(2), from a decision of a Superior Court judge granting the defendant's motion to suppress evidence, including records that would show [the] defendant's location at a particular time, obtained pursuant to a warrantless search and seizure of cell phone records pertaining to a telephone number that, it appears, was used exclusively by the defendant. It is not disputed that some or all of the evidence in question referred to as cell site location information (CSLI) -- was obtained by the Commonwealth from Sprint Spectrum, an electronic communications service provider, pursuant to a Superior Court order issued pursuant to 18 U.S.C. § 2703(d)(§ 2703(d) order). The defendant has been provided with a copy of the CSLI that is at issue, but no copy was included in the motion record before the Superior Court and no copy has been included in the record on appeal. This case was argued before this court on October 10, 2013. The court is of the view that the CSLI obtained pursuant to the § 2703(d) order that is the subject of the defendant's motion to suppress may assist the court in its understanding and consideration of the issues raised in the Commonwealth's appeal. The court hereby directs the single justice to hold a hearing on the question whether the appellate record should be expanded to include the CSLI evidence, and if so, what conditions may be appropriate to adopt with respect to such an expansion. The single justice will provide the full court with a recommendation concerning what, if any, order should issue. Counsel is to confer with the Clerk of this court to schedule the hearing.
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