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Re: Is there a lawyer in the house?
Black Unicorn wrote:
>
> On Thu, 7 Dec 1995, sameer wrote:
>
> > > > You mean if you give me your key the police can get it from me without a
> > > > warrant? What if I don't want to give it up, and you don't? How would the
> > > > police get it without a warrant?
> > >
> > > Yes. Unless it could be shown there their was an expactation of privacy
> > > in the transfer, or that there was an understanding that you intended this
> > > to be a confidential matter. Or in the alternative, that the
> >
> > I do not understand.
> >
> > Alice has Alice gives Bob her key. Cop wants Alice's key. Cop tells
> > Bob "I want Alice's key, you need to give it to me. I don't have a
> > warrant."
> >
> > How is this different from
> > Bob has key. Cop want's Bob's key. Cop tells Bob "I want your key,
> > you need to give it to me. I don't have a warrant."
>
> The real concern is this:
>
> Bob gives his key to alice.
>
> The cops walk into alice's place and 'convince' alice to turn the key
> over whithout a warant. Perhaps alice is more susceptible to
> persuasion because of some external reasons. Alice does, Bob has no privacy
> interest in the key, Bob can no longer argue that it is protected under
> the 4th amendment.
>
> Now let's get more sinister.
>
> The cops mysteriously 'find' the key somewhere without a warrant.
> Bob cannot argue that the key should be surpressed on the basis of the
> 4th amendment because he gave it to Alice, and thus clearly it's not
> information he was interested in protecting. (This is assuming the cops
> didn't violate other areas, or break into a house or something, or that
> if they did, that the court will find out about it).
How about if Bob had a contractual agreement with Alice to keep his
key secret?
--Jeff
--
Jeff Weinstein - Electronic Munitions Specialist
Netscape Communication Corporation
[email protected] - http://home.netscape.com/people/jsw
Any opinions expressed above are mine.