Whether the physical act of a person in police custody responding to a request to enter her passcode to unlock an encrypted cellphone is testimonial conduct protected by the Fifth Amendment

QUESTIONS PRESENTED FOR REVIEW BY MOJISOLA POPOOLA 1. Whether the physical act of a person in police custody responding to a request to enter her passcode to unlock an encrypted cellphone, is testimonial conduct protected by the Fifth Amendment. 2. Whether digital evidence derived from the cellphone must be suppressed if Miranda warnings were intentionally not given prior to the request to enter her passcode to unlock an encrypted cellphone. i RELATED CASES U.S. District Court for the District of Maryland, Southern Division (Victor Oloyede, Judgment 2/16/17) (Babatunde E. Popoola, 8:15-cr-00277PWG-5, Judgment 3/30/17) (Gbenga B. Ogundele, Judgment 3/30/17) U.S. Court of Appeals for the Fourth Circuit. Consolidated Cases, Victor Oloyede, 17-4102, Babatunde E. Popoola,17-4186, Mojisola T. Popoola, 17-4191, Gbenga B. Ogundele,17-4207, Judgment Entered July 31, 2019. U.S. Court of Appeals for the Fourth Circuit. Consolidated Cases, Victor Oloyede, 17-4102, Babatunde E. Popoola,17-4186, Mojisola T. Popoola, 17-4191, Gbenga B. Ogundele,17-4207, Judgment/ Order denying rehearing and rehearing en banc, October 1, 2019. ii