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Because we have the 5th amendment. nor shall be compelled in any criminal case to be a witness against himself As I understand it, Miranda established that

by curun1r 10y ago

Because we have the 5th amendment. nor shall be compelled in any criminal case to be a witness against himself As I understand it, Miranda established that the 5th amendment applies to all interactions with law enforcement, not just answering questions in court. So they can search the hard drive all they want, but the constitution protects us from being required to disclose what's in our heads which, in this case, should include the password.

deleted 10y ago
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Mikhail_Edoshin 10y ago
There's no criminal case right now, so the fifth amendment doesn't apply.
- curun1r 10y ago
  Miranda vs Arizona established that 5th amendment protections apply outside of a criminal case. That's why police have to read the Miranda warning when arresting someone. He's been arrested and read his Miranda rights and is invoking them.
  - dragonwriter 10y ago
    > Miranda vs Arizona established that 5th amendment protections apply outside of a criminal case. No, Miranda vs. Arizona set standards for how 5th amendment protections apply in a criminal case, and established remedies for violation of those protections in such case.
dragonwriter 10y ago
> As I understand it, Miranda established that the 5th amendment applies to all interactions with law enforcement, not just answering questions in court. So they can search the hard drive all they want, but the constitution protects us from being required to disclose what's in our heads which, in this case, should include the password. The privilege against self-incrimination applies to any interaction which they introduce into evidence against you in a criminal case, or from which they derive information on which they then gather other evidence that is used against you in a criminal case. It doesn't actually protect you against the police doing anything, or forcing you to provide information (other Constitutional provisions may, however), it just protects you against certain information being used against you in criminal court.

by curun1r 10y ago

deleted 10y ago

[deleted]

Mikhail_Edoshin 10y ago

There's no criminal case right now, so the fifth amendment doesn't apply.

curun1r 10y ago
Miranda vs Arizona established that 5th amendment protections apply outside of a criminal case. That's why police have to read the Miranda warning when arresting someone. He's been arrested and read his Miranda rights and is invoking them.
- dragonwriter 10y ago
  > Miranda vs Arizona established that 5th amendment protections apply outside of a criminal case. No, Miranda vs. Arizona set standards for how 5th amendment protections apply in a criminal case, and established remedies for violation of those protections in such case.

dragonwriter 10y ago

> As I understand it, Miranda established that the 5th amendment applies to all interactions with law enforcement, not just answering questions in court. So they can search the hard drive all they want, but the constitution protects us from being required to disclose what's in our heads which, in this case, should include the password. The privilege against self-incrimination applies to any interaction which they introduce into evidence against you in a criminal case, or from which they derive information on which they then gather other evidence that is used against you in a criminal case. It doesn't actually protect you against the police doing anything, or forcing you to provide information (other Constitutional provisions may, however), it just protects you against certain information being used against you in criminal court.