5th Admendent and the Federal Courts

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This topic contains 1 reply, has 1 voice, and was last updated by  Henry Brown 5 years, 9 months ago.

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  • #154308

    Henry Brown
    Participant

    From The Threat Level a blog on Wired.com

    Forcing Defendant to Decrypt Hard Drive Is Unconstitutional, Appeals Court Rules

    Forcing a criminal suspect to decrypt hard drives so their contents can be used by prosecutors is a breach of the Fifth Amendment right against compelled self-incrimination, a federal appeals court ruled Thursday.

    It was the nation’s first appellate court to issue such a finding. And the outcome comes a day after a different federal appeals court refused to entertain an appeal from another defendant ordered by a lower federal court to decrypt a hard drive by month’s end.

  • #154310

    Henry Brown
    Participant

    Another Spin from the Volokh Blog

    Have also uploaded the court’s actual finding which can be downloaded from Here

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