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I would argue that the privacy of the state of your mind (including knowledge of any passwords) is very far removed from the privacy of the state of your non-pe
by Retra 7y ago
I would argue that the privacy of the state of your mind (including knowledge of any passwords) is very far removed from the privacy of the state of your non-person property, and deserving of complete protection in all cases.
- rayiner 7y agoWith regards to "state of mind" evidence, the general distinction that has been applied to other things, and one which I think makes total sense, is that state of mind evidence is protected when the existence of the knowledge itself is incriminating. If someone left a phone at a murder scene, the fact that you know the password to the phone is itself incriminating. On the other hand, if it's undisputedly your phone, and police are just looking for what's inside, then ordering you to provide the password is no different than ordering you to provide the key to your desk drawer.