One of the major issues in the law of digital evidence investigations is how the Fifth Amendment privilege against self-incrimination applies to unlocking phones. As I wrote here at the Volokh Conspiracy back in 2020, the lower court caselaw is a total mess. No one can say what the law is. And I've been waiting for a case to come down that might be a good candidate for U.S. Supreme Court review to clear up the mess.
Here's a possibility: The Utah Supreme Court's ruling today in State v. Valdez. In this post, I want to talk about Valdez and consider if it would be a good prospect for Supreme Court review.
The Facts
