April 27th, 2002 09:59 PM
I think there are two sides to this.
Yes, on the one hand they can't ask you to incriminate yourself ...
But on the other hand, if they have a search warrant, don't they have the right to search your files?
It's like having a safe in your office ... are you allowed to withhold the key to it from law enforcement officials if they have a search warrant?
I'm no lawyer, so I don't have the answer, but it's an interesting question.
"To estimate the time it takes to do a task, estimate the time you think it should take, multiply by two, and change the unit of measure to the next highest unit. Thus we allocate two days for a one-hour task." -- Westheimer's Rule
April 27th, 2002 10:32 PM
But do you think lawyers will leave you alone?
Originally posted here by linuxcomando
Just say you forgot it and they will leave you alone
April 27th, 2002 11:06 PM
I think BrainStop offers a good point, which may be coming close to the "reasonable" answer. Whether or not it's close enough to the definitive legal facts in the matter remains to be seen (as also mentioned by BrainStop).
It should stand to reason that if one could have his/her premises (belongings) searched, a person could obviously have his/her computer searched. So, a person who is being searched doesn't need to disclose (by self-incrimination) what it being looked for [?], even though the authorities have obtained a legal warrant to have a look.
Granted most people have nothing serious to hide, and their hope is to maintain their right to privacy. The best solution is to avoid the unnecessary attraction of law enforcement, and to have nothing useful to offer or be discovered should they ever come looking.
This is indeed a worthy subject. Perhaps we should take some time (as a group project) to look into this a little further.
A web search on "lawful search and seizure" or "what to do when apprehended" or "right to remain silent" or "right to privacy" or even "police and probable cause" may help us find something substantial on this.
I'm sure someone here could find some useful information for us.
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