[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
Re: Is there a lawyer in the house? :)
On the lighter side (not to be taken seriously):
Q: What if Alice and Bob are siamese twins?
Could we imagine a constitutional test that turns on whether a majority of
organs are shared? Could the dissent cite the fact that some of the shared
organs are not vital?
Q2: Better yet, what if Alice and Bob were only 2 of say 6 distinct
personality manifestations exhibited by one physical person? Again, would
we need to arrange for a consensus among at least 2 more personalities to
form a majority, thus entitling the collective to shared privacy?
The answers to these and other exciting questions on the next episode of
"Exhaust that Thread."
At 01:27 AM 12/10/95 -0500, you wrote:
>On Fri, 8 Dec 1995, Black Unicorn wrote:
>
>> On Thu, 7 Dec 1995, Jeff Weinstein wrote:
>>
>> > Black Unicorn wrote:
>> > >
>> > > On Thu, 7 Dec 1995, sameer wrote:
>> > >
>> > How about if Bob had a contractual agreement with Alice to keep his
>> > key secret?
>>
>> Then as a defense attorney, I would argue that Bob had an obvious
>> expectation of privacy with Alice, and that the fact that he relayed this
>> key to Alice only under those circumstances represents a definite
>> expression of his intent to keep the key private, thus triggering 4th
>> amendment protections. My view is that this would be a very strong argument.
>
>Bob's Fourth Amendment rights are not triggered by his contract with
>Alice. Alice can be compelled to give up the key (by testimony or
>production) and giving up that key does not tend to incriminate *Alice*
>in a violation of law. Alice can't invoke Bob's rights against
>self-incrimination for obvious reasons: Alice isn't Bob.
>^^^^
>EBD
>
>
>>
>> Note that this is an academic opinion, not a legal one as I am not being
>> paid.
>>
>> >
>> > --Jeff
>> >
>> > --
>> > Jeff Weinstein - Electronic Munitions Specialist
>> > Netscape Communication Corporation
>> > [email protected] - http://home.netscape.com/people/jsw
>> > Any opinions expressed above are mine.
>>
>> ---
>> My prefered and soon to be permanent e-mail address: [email protected]
>> "In fact, had Bancroft not existed, potestas scientiae in usu est
>> Franklin might have had to invent him." in nihilum nil posse reverti
>> 00B9289C28DC0E55 E16D5378B81E1C96 - Finger for Current Key Information
>>
>>
>
>Not a lawyer on the Net, although I play one in real life.
>**********************************************************
>Flame away! I get treated worse in person every day!!
>
>