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Re: 5th protect password?
> > A defendant can be compelled to produce material evidence that
> > is incriminating. Fingerprints, blood samples, voice
> > exemplars, handwriting specimens, or other items of physical
> > evidence may be extracted from a defendant against his will.
> As you might expect, I see a problem (and a pattern!) with even these
> examples. Notice that with the possible exception of "handwriting
> specimens", the examples above all represent pieces of evidence whose
> utility was only made technologically possible by developments done more
> than a century after the writing of the Constitution. Fingerprints have
I think you missed the main pattern... When a suspect is required to
provide fingerprints, voice, blood and/or handwriting samples, those
things are used exclusively for _identification_.
The only exceptions I can think of are when blood, breath and urine
samples are taken from a suspect to detect certain chemicials in the body.
But, AFAIK, those exceptions are entirely the product of the recent war on
drugs.
Just my two bits. IANAL.
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| -- Disclaimer: JMHO, YMMV, IANAL. -- |
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