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They already know this person has child porn so he can't plead the fifth
Originally posted by luciddream
reply to post by Xcathdra
I mean, if the police have warrant, that usually means it wasn't a "one time things" or "he stumbled upon" it.. but it was probably going on or a while...and the person has been on their radar....
But.. why would they need the encrypted file, i mean, they can get the information from ISP on his accessing of certain sties... or they didn't do a proper job and relying solely on these encrypted files for his crime.
Seems to me this would fall under the same category. If the police are looking for child porn, and if this person downloaded said porn...chances are high he encrypted it. I don't think this should give him protection, nor do I think the fifth amendment should apply. I also think, if he refuses to decrypt, that the police have the right (under the search warrant) to decrypt it for him.
Originally posted by Sankari
I am not a fan of people who think it's OK to bend and twist the Constitution in all directions just so criminals can stay one step ahead of the law.
If the guy is innocent he'll be happy to decrypt those files and prove it. At this point his refusal to decrypt them is an act of self-incrimination.
But last month, prosecutors convinced Callahan to change his mind. Among other reasons, the authorities were able, on their own, to decrypt one drive from Feldman’s “storage system” and discovered more than 700,000 files, some of “which constitute child pornography,” the magistrate said.
Originally posted by kerazeesicko
You people and your stupid constitution...your willing to let a child molester free because you do not agree with how the courts are handling the case.
I do not have children but have great nieces and nephews...if your child had been molested...would you still fight for this guy and his rights....?