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kscherer
Which way is up?
 
Join Date: Aug 2004
Location: Boyzeee
 
2012-01-25, 01:13

-A door can be broken down. If I refuse to open it, it will be damaged at my own expense. But it will be opened.

"I don't have the key to this door. You'll have to break it down."

-A safe can be cut open. If I refuse to open it, it will be damaged at my own expense. But it will be opened.

"I don't have the combination to this safe. You'll have to cut it open."

-An encrypted laptop drive can be decrypted. If I refuse to decrypt it, it will be damaged at my own expense. But it will be decrypted.

"I don't have the password to this computer. You'll have to decrypt the data yourselves."



Remember this the next time a warrant is served for suspicion of, say, marijuana. The warrant gives the state the right to enter your home and hunt for those pesky drugs, but they just cannot find them. But they know they're there, they just know it. And they can prove it just as soon as you tell them where they are. And you are going to tell, or you'll be locked up until you do, dammit! After all, you know the secret location, and the state has determined that you must give up that secret.

With a proper warrant the 4th Amendment gives the state the right to collect evidence. But read it very carefully. In no way does the 4th Amendment require the people to cooperate with the state. The 5th gives me the right to refuse to cooperate, and places the burden of proof back onto the state. They must prove my guilt without my cooperation!

But, hey, when they come knocking on your door, you go right ahead and tell them about the secret weed hiding spot. Bet you'll change your mind when that happens!

- AppleNova is the best Mac-users forum on the internet. We are smart, educated, capable, and helpful. We are also loaded with smart-alecks! :)
- Blessed are the peacemakers, for they shall be called sons of God. (Mat 5:9)
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