SavannahMann
Platinum Member
- Nov 16, 2016
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A prosecutor in Louisiana is asking the Judge to force a defendant to surrender his passcode for his phone. Prosecutor: Suspect must give up his phone’s passcode in fatal hazing case
Now, this is that fine line between what is right and constitutional, and what isn’t. Actually the line is behind us, but I will focus on this case. If you serve a Search Warrant for my house. I must comply by law. I stand aside and let you search. I am not required to take you to the location of any evidence. I am not required to take you to the hole in the ground where the evidence is buried. I am required to let you search. If there is a safe in the house, I don’t have to give you the combination to the safe. If things are hidden behind a secret panel, I don’t have to give you that information. I am required to let you search.
Finding it is your problem. Modern phones and technology is pretty much the same. Once you have it, getting into the information is your problem. Not mine. The Fifth Amendment says I can not be forced to testify against myself. Forcing someone to hand over the evidence against them is a violation of that simple principle. Of course, lazy assed prosecutors don’t want to work, they want all the evidence handed to them.
So far the courts seem to agree with me. But with the modern world, there will soon be enough exceptions to drive a truck through the Fifth Amendment.
Now, this is that fine line between what is right and constitutional, and what isn’t. Actually the line is behind us, but I will focus on this case. If you serve a Search Warrant for my house. I must comply by law. I stand aside and let you search. I am not required to take you to the location of any evidence. I am not required to take you to the hole in the ground where the evidence is buried. I am required to let you search. If there is a safe in the house, I don’t have to give you the combination to the safe. If things are hidden behind a secret panel, I don’t have to give you that information. I am required to let you search.
Finding it is your problem. Modern phones and technology is pretty much the same. Once you have it, getting into the information is your problem. Not mine. The Fifth Amendment says I can not be forced to testify against myself. Forcing someone to hand over the evidence against them is a violation of that simple principle. Of course, lazy assed prosecutors don’t want to work, they want all the evidence handed to them.
So far the courts seem to agree with me. But with the modern world, there will soon be enough exceptions to drive a truck through the Fifth Amendment.