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Alan R Nye, Esq.

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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?

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Comments

Interesting how the constitution can protect criminals. Good article.

Thanks for sharing!

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.

I have a few questions about divorce law in Maine, can you help me please?

Thank you for your time.
Mandy

You guys are funny. I really do like your blog.

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