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Read on their own, I'd be inclined to agree - neither the 4th or the 5th on their own appear to prevent this. However, taken together, I'm not so sure. Clearly
by stordoff 8y ago
Read on their own, I'd be inclined to agree - neither the 4th or the 5th on their own appear to prevent this. However, taken together, I'm not so sure. Clearly a person can be searched under the 4th, and the discovered evidence used. However, when the accused has to take a more active role (Face ID/Touch ID/password), that would seem to go towards being a witness against yourself. As such, any search under the 4th would go towards being an unreasonable search, warrant notwithstanding, as it is predicated on a potential breach of the 5th.
It's a bit of a stretch, but I don't think it's _wholly_ without merit.