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To: MileHi
I might just write “see amendment 5 in the US Constitution”.

Are you referring to takings or protection from self-incrimination?

In California, they recently made it legal for police officers to "inspect" ones cell phone during a traffic stop, and not needing a search warrant to inspect. The natural response is to password protect the cell phone and then let the police "inspect" the locked device to their heart's content. They can turn it on, open the back, look at the battery, but they cannot view the contents without the password.

If I'm ever in a situation where a police officer asks to inspect my cell phone during a traffic stop, I will gladly hand over the phone, but if asked for the password I will refuse on 5th amendment grounds of self-incrimination. Without a warrant describing the probable cause for the search, what they're looking for, and where they are looking for it, anything else is just a fishing expedition and I can't be compelled to provide incriminating information. Handing over my password would be setting myself up for whatever the police might be trying to do.

I'm wondering if these surveys that have no rational basis for being sent can also be argued to be a fishing expedition where no probable cause exists, and to answer them would be de facto self-incrimination if the federal government then goes on to harass you with the information that you provided.

-PJ

132 posted on 01/06/2012 7:54:12 PM PST by Political Junkie Too (If you can vote for President, then your children can run for President.)
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To: Political Junkie Too
I'm wondering if these surveys that have no rational basis for being sent can also be argued to be a fishing expedition where no probable cause exists, ...

I would think so. Unfortunately my default position has become not to talk to government employees, dog catcher, cops, tax man, whoever. No good can come from it.

133 posted on 01/06/2012 8:05:47 PM PST by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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