Source:
http://writ.news.findlaw.com/colb/20080204.html
Constitutional Connection:
Amendment 5: 'No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
Analysis of the Connection:
In the article, a man by the name of Sebastien Boucher had his computer lawfully searched and agents found evidence suggesting Boucher had child pornography files on his laptop. In order to incriminate Boucher, the Vermont Department of Corrections took custody of the laptop. However, the computer drive - where all the suspicious files were located- was protected by a password. The Grand Jury that is investigating this crime directed Sebastien Boucher to reveal the password. Boucher challenged the subpoena on fifth amendment grounds.
I agree with Sebastien on only one condition- that him revealing the password to his computer drive violates his fifth amendment rights. Nevertheless, this is a serious crime that needs to be proven and tried. While still attempting to crack the password, other measure need to be taken in order to build the case. For example, interrogations and getting a warrant to put a monitor on his computers in order to monitor the websites he searches.
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