From: Brian Davis <bdavis@thepoint.net>
Date: Sat, 9 Dec 95 22:27:59 PST
To: Black Unicorn <unicorn@schloss.li>
Subject: Re: Is there a lawyer in the house?
In-Reply-To: <Pine.SUN.3.91.951208035312.18878E-100000-100000@polaris.mindport.net>
Message-ID: <Pine.BSF.3.91.951210012418.18670C-100000@mercury.thepoint.net>
MIME-Version: 1.0
Content-Type: text/plain


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
> > jsw@netscape.com - http://home.netscape.com/people/jsw
> > Any opinions expressed above are mine.
> 
> ---
> My prefered and soon to be permanent e-mail address: unicorn@schloss.li
> "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!!