Forced Incrimation By Password
The Washington Post has an interesting article today about a Vermont man having suspected child pornography on his computer. The government wants the court to order the man to type his password into the computer to unlock files they suspect contain porn.
The man claims that doing so would constitute self-incrimination. The judge has ruled that he doesn’t have to give his password.
"If [he] does know the password, he would be faced with the forbidden trilemma: incriminate himself, lie under oath, or find himself in contempt of court," the judge said. The government has appealed.
Does the Fifth Amendment prevent this type of intrusion? What do you think?

Interesting how the constitution can protect criminals. Good article.
Posted by: Jefferson | February 10, 2008 at 01:08 PM
Thanks for sharing!
Posted by: Acomplia | February 16, 2008 at 01:01 PM
The whole idea of the law being this way,I thought was this. That if we treat the criminals this way, those of us that aren't are protected from false accusation by the government.
In this case this guy has done it to himself. Not to worry though I'm sure he'll trip himself up in such a way that he'll get nabbed.
Posted by: Bob I | February 29, 2008 at 01:11 AM
I have a few questions about divorce law in Maine, can you help me please?
Thank you for your time.
Mandy
Posted by: Mandy Ellingwood | March 02, 2008 at 08:55 PM
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Posted by: Lawyer | March 08, 2008 at 06:28 PM