View Single Post
SpecMode
Wait what
 
Join Date: Feb 2005
Location: El Dorado County, California
 
2012-01-24, 02:13

Quote:
Originally Posted by Dave View Post
So... I'm only allowed to say no because they can knock my door down? That rather misses the point, doesn't it? I mean what good does the right to "plead the 5th" do you if it's only there in instances where they don't need you to plead anything at all? For the 5th amendment to mean anything, wouldn't it have to applied to digital evidence the same way it is physical evidence?
The pertinent issue here, as regards the Fifth Amendment, is whether or not authorities can force a person to give up a password to an encrypted data volume. The Fifth Amendment doesn't touch on the issue of search and seizure (that's the Fourth). I was just illustrating the difference between the situation JohnnyTheA described (using a combo lock on a door to keep cops out) and the encrypted drive scenario. Either way, if the authorities do have the ability to acquire the evidence without the subject's cooperation (say, by breaking down the door to bypass the combo lock), they can do so as long as they have the appropriate warrant.

All the Fifth Amendment provides you in this scenario is the right to refuse that cooperation if it would incriminate yourself. It doesn't prevent authorities from acquiring evidence through other legal means.
  quote