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Court rules defendant must provide laptop password…

I’m no lawyer (though I hope to be some day), but I agree with the Instapundit. The ruling that the defendant must provide the password to her laptop is wrong. It seems to me she’s being compelled to provide evidence against herself, a violation of the fifth amendment.

 

2 Comments

  1. I am kinda divided on the issue. Do you know what the law says about fessing up the combination to a safe where files are kept? Under court order, of course.

    I only know in the case of a corporation, they have to turn over files. Of course, they hide them, but that is not what the law says.

    I tend to side with the individual against the state, and for the state against the corporation. But I don’t know what the law says.

    Posted on 24-Feb-12 at 09:15 | Permalink
  2. CombatRob

    TRex, I thought of you when I posted this one. A lawyer friend of mine tells me case law sides on the side of forcing the password. The individual MAY be able to argue self incrimination if anything is found…after the evidence is searched.

    I was initially surprised you expressed even hesitation in supporting the individual, until I considered the corporate half of the argument. Putting it in context of events today, if BoA were able to say, “I’m sorry, all of our data regarding our housing crimes is behind a password that we won’t surrender,” I would be calling for their corporate head. Interesting.

    Posted on 24-Feb-12 at 16:46 | Permalink

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