[TigersEye]

Amendment V

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.

[CA Conservative]

A case to watch in In Re: Boucher, a case originating in the 2nd Circuit out of Vermont. In short, a magistrate held that a defendant could not be compelled to provide his password to an encrypted volume believed to contain child porn, nor could he be forced to enter the password for the government, as these would be a violation of his 5th Amendment rights.

The district court judge has overruled the magistrate, holding that, while they cannot compel him to provide the password, they can compel him to provide an unencrypted copy of the encrypted volume without violating those rights. Seems like a distinction without a difference. Stay tuned.

[antiRepublicrat]

Oh, come on, like the Constitution is anything more than a hindrance to get around to these people.

Pretty much the rest of that amendment has already been trashed: drug war seizures depriving people of property without due process (”it’s the money that’s being arrested”) and that wonderful Kelo decision that destroyed “public use.”

They’ll say it’s the equivalent of not letting the police into your house for a search. They have a warrant for the information so you must supply it as long as the information itself isn’t locked in your head.