If a person has done something illegal...and the evidence for it is on a laptop...is that no different than a person doing something illegal and the evidence being in their house? The 5th does not protect an individual from the authorities getting a warrant and searching a house, car or business...and as far as I know...this person isn't a cylon.
So am I understanding from this thread that it is the advice of Freepers that child pornographers should just hide their evidence in an encrypted laptop with a wipe password? and that the government has no right to get the password of the laptop involved in a crime because of the FIFTH amendment?
Someone help me out here. Am I missing a point in this case?
Yes. The person in question has not been convicted of doing anything illegal but at this point has only been accused of committing a crime.
The police and prosecutor can obtain a search warrant from a judge and any incriminating evidence found in such a search can be entered into trial but the accused cannot be compelled to self incriminate, i.e. say giving them the keys to their house, telling them all their bank account numbers and in this case decrypting their own computer or telling them the password for the convenience of the police and prosecutor looking for evidence. If the police can figure them out and under a search warrant, it’s fair game. But you can’t compel someone one divulge information contained in their own head or thoughts that might incriminate or further incriminate themselves.
True. The government can search all they want. They can't require you to tell them where or what everything is that they might be looking for. The situation is analogous.
So am I understanding from this thread that it is the advice of Freepers that child pornographers should just hide their evidence in an encrypted laptop with a wipe password? and that the government has no right to get the password of the laptop involved in a crime because of the FIFTH amendment?
Ah yes, the old bugaboo of child pornography, trotted out to justify the taking of our liberties by government.
It is unfortunate, that technology can be useful to this type of scum, but that's just too freaking bad. The government is constantly trying to use any excuse it can to eliminate our freedom. I'm not buying their crap anymore. Many of us aren't.