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To: roamer_1
No, the law does allow it with a warrant.

A warrant requires probable cause. This would require evidence. Again, if its in your mind (like a password) you cannot be compelled by law to divulge.

For the privilege to apply, however, the government must try to compel a person to make a “testimonial” statement that would tend to incriminate him or her. When a person has a valid privilege against self-incrimination, nobody — not even a judge — can force the witness to give that information to the government.

And as we all know, fingerprints do not fall under 5th amendment protection.

42 posted on 09/14/2013 4:02:39 PM PDT by quimby
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To: quimby
A warrant requires probable cause. This would require evidence.

Sure. But probable cause is necessary for you to open your trunk or your pda as well - 'plain sight' rules apply. If you get pulled over on a traffic stop, there is no probable cause, and no warrant would hold up... Unless they found illicit drugs for instance (by plain sight), whereupon, while you are sitting in jail, a warrant will be issued to search your home your car, and probably electronic information services and devices.

Again, if its in your mind (like a password) you cannot be compelled by law to divulge.

Right, which is why I said that nothing incriminating should be kept on an electronic device, anymore than it should be kept on a piece of paper.

50 posted on 09/14/2013 4:30:59 PM PDT by roamer_1 (Globalism is just socialism in a business suit.)
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