4 ms·
If the cops present a warrant to search your house, and you know you have incriminating evidence in your home and you refuse to let the cops in, is the warrant
by oarabbus_ 7y ago
If the cops present a warrant to search your house, and you know you have incriminating evidence in your home and you refuse to let the cops in, is the warrant a violation of your Fifth Amendment rights?
- mikeash 7y agoNo, but as far as I know you won’t be prosecuted for refusing entry. The police will just force their way in. Strong crypto means the police can’t force their way in. But that doesn’t mean they should sprout new rights to force people to help.
- Jaepa 7y agoIf you have a coded book, do you have to read it to them? Obviously you will be detained if you try and prevent lawful execution of a search warrant. But its kind of a false equivalency saw that not providing a passcode is the same. From the Justice John Paul Stevens dissent from Justice John Paul Stevens (487 U.S. 201) A defendant can be compelled to produce material evidence that is incriminating. Fingerprints, blood samples, voice exemplars, handwriting specimens, or other items of physical evidence may be extracted from a defendant against his will. But can he be compelled to use his mind to assist the prosecution in convicting him of a crime? I think not. He may in some cases be forced to surrender a key to a strongbox containing incriminating documents, but I do not believe he can be compelled to reveal the combination to his wall safe — by word or deed. This confirmed in UNITED STATES v. HUBBELL. That being said it has been challenged, and ruled on both sides do to the somewhat ambiguous framing. https://www.law.cornell.edu/supremecourt/text/487/201 https://www.law.cornell.edu/supremecourt/text/487/201 https://caselaw.findlaw.com/us-supreme-court/530/27.html https://caselaw.findlaw.com/us-supreme-court/530/27.html