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To: eyeamok

The 5th Amendment only coveres what is called testimonial evidence. Evidence of a physical nature is not testitmonial. This includes things such as DNA, fingerprints and handwriting. It even includes a voice sample. The question is whether a passcode is testimonial. My belief is yes, it should be. But I can see a court reaching the contrary decision. It will be an interesting case to go up to the SCOTUS.


17 posted on 05/31/2017 9:06:31 PM PDT by henkster (Orwell, Rand and Huxley would not be proud of our society, but they'd have no trouble recognizing it)
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To: henkster

>> My belief is yes,

If ‘belief’ isn’t good enough for a conviction, how can it be good enough to classify private knowledge as tangible evidence to be used against the defendant? Private knowledge is not the tangible fingerprint nor DNA.

What if a third-party had access to the phone, placed content on it, and also changed the password without the defendant’s knowledge? Such things cannot be done to the defendant’s fingerprints and DNA.


21 posted on 05/31/2017 9:24:10 PM PDT by Gene Eric (Don't be a statist!)
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