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Be wary giving out legal advice if you're not a lawyer.. The courts can force you to do many things, especially if they're not trying to prosecute you for infor
by mikeyouse 11y ago
Be wary giving out legal advice if you're not a lawyer.. The courts can force you to do many things, especially if they're not trying to prosecute you for information you may have. Much of the case law that I've seen (note: I'm clearly not a lawyer either) with regard to phone searches has been when the police were seeking evidence that the phone's owner committed crimes -- not after they'd been convicted. This distinction can definitely be important.
One concept with specific relevance to the 5th amendment is immunity given for testimony. You can be compelled to testify (even over your 5th amendment objections) if the court grants you immunity for the information that they're after.
Again, IANAL, but I know enough that it's much more complicated than "phones are protected from all searches".
https://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution#Grants_of_immunity https://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_...
- jrs235 11y agoCan state courts give immunity? I would assume yes. What happens if a state court grants immunity to get at the evidence or testimony but the evidence or testimony could lead to federal or other jurisdictional (another state?) charges or prosecution? How can one be forced in one court to be exposed in others? It would seem the immunity being granted would have to be universal. How can one court/jurisdiction grant such immunity beyond its jurisdiction?