From: sdw@meaddata.com (Stephen Williams)
Date: Thu, 23 Dec 93 08:15:57 PST
To: ravage@wixer.bga.com (Jim choate)
Subject: Re: It had to happen...
In-Reply-To: <9312231514.AA14009@wixer>
Message-ID: <9312231613.AA27003@jungle.meaddata.com>
MIME-Version: 1.0
Content-Type: text/plain


...
> 
> Assuming the arrest warrant was good not revealing the key to a duly
> authorized court representative would be illegal (ie interfereing with a
> police investigation). If the courts serve a warrant for your arrest and the
> confiscation of data on your hard drive (and you refuse to turn the data over
> even after talking w/ an attorney) is specificaly mentioned you are opening
> yourself up for another whole world of legal hurt.
> 
> A citizen would have the legal right to refuse prior to talking w/ an
> attorney but not after, at that point it becomes witholding evidence.
> 
> 
> If the process is legal there should be no reason a citizen can refuse to
> turn over his private keys (I don't believe self-incrimination holds here).

Not being an expert....

I don't believe you can be forced to say anything if you believe it
will incriminate you.  Only if you are given immunity can you be
compelled, and only then under threat of contempt of court, which is a
misdemeanor.  The police/courts have all kinds of ways to encourage
you, but the Fifth still holds.

They 'have' the evidence, so you are not withholding.  The key is your
knowledge, which is protected as much as if they were trying to force
you to tell them where the body was in a murder investigation.  It's
up to them to find it.

If they were dumb enough to rely on what data was present instead of
observed traffic, they're in bad shape, IMHO.

sdw
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