Prosecutor says the Fifth Amendment is bullshit.

Discussion in 'Law and Justice System' started by SavannahMann, Aug 24, 2018.

  1. SavannahMann
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    SavannahMann Gold Member

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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.
     
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  2. WinterBorn
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    WinterBorn Gold Member

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    I'm sure the 5th Amendment is a pain in the ass for prosecutors. Life is tough. Buckle up.
     
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  3. WillowTree
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    WillowTree Diamond Member

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    Just take a hammer and some acid to your phone! Hillary gets to why shouldn’t you. And yes, you do not have to give them a passcode!
     
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  4. SavannahMann
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    SavannahMann Gold Member

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    The problem is that Prosecutors are always trying to find an exception they can exploit. The Prosecutor in this case is claiming the foregone conclusion exclusion to the Fifth Amendment. In other words, they know he is guilty, and have proof, but they just want to dot the I and cross the T to be certain. It is the same excuse that they are using to hold a former cop in another case.

    Man jailed 16 months, and counting, for refusing to decrypt hard drives

    As far as I know he is still in jail. But here is the thing. The Government claim they know he is involved in Child Porn and can prove it. But they aren’t moving forward because this is a case they want before the Supreme Court. This allows them to win the exceptions they want in a case where the bad guy is despicable. No one wants to give the kiddie porn guy a pass, and if we have to create a loophole to get him, small price to pay. The small price gets larger every time we face it though.
     
  5. CHAZBUKOWSKI
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    CHAZBUKOWSKI Member

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    Good advice for the Donnie Shitstains and his mindless followers. Use the hammer to destroy the cell phone pictures of child rape.
     

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