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To: Cboldt
They sit in jail until they give the cops the key.

What about the Fifth Amendment?

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
If I say "I refuse to answer on the grounds that it may incriminate me", do you think they have the right to imprison me until I reveal the key?
34 posted on 10/19/2014 1:53:43 PM PDT by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: PapaBear3625
-- What about the Fifth Amendment? --

Depends on the court. Some conflate/join the 4th and 5th, most separate them.

The argument for separation is that ordering you to submit to a search is not the same as compelling you to be a witness against yourself.

-- If I say "I refuse to answer on the grounds that it may incriminate me", do you think they have the right to imprison me until I reveal the key? --

The court has the power to do it, even if the court is wrong.

The prosecutor's argument will be that you have to open the door to your house pursuant to a warrant, even if the contents of your house may incriminate you.

39 posted on 10/19/2014 2:07:28 PM PDT by Cboldt
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To: PapaBear3625
The current case law is that the government cannot require you to hand over the key, but can require you to hand over deencrypted files containing the specific information described in the warrant.

Obviously, if the cops have a legitimate warrant, you can't refuse to let them in on the grounds they'll find something that will incriminate you. You can strictly limit their search to the parameters of the warrant. Those principles apply to both physical and electronic searches.

84 posted on 10/20/2014 7:12:43 AM PDT by e-gadfly
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