Judge: Man can't be forced to divulge encryption passphrase | The Iconoclast - politics, law, and technology - CNET News.com
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Ullmann v. United States
This constitutional protection must not be interpreted in a hostile or niggardly spirit. Too many, even those who should be better advised, view this privilege as a shelter for wrongdoers. They too readily assume that those who invoke it are either guilty of crime or commit perjury in claiming the privilege. [n2] Such a view does scant honor [p427] to the patriots who sponsored the Bill of Rights as a condition to acceptance of the Constitution by the ratifying States. The Founders of the Nation were not naive or disregardful of the interests of justice.
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OHIO v. REINER ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF OHIO 532 U.S. 17 -- US Supreme Court Cases from Justia & Oyez
To the contrary, the Court has emphasized that one of the Fifth Amendment's basic functions is to protect innocent persons who might otherwise be ensnared by ambiguous circumstances. Grunewald v. United States, 353 U. S. 391, 421. Batt had "reasonable cause" to apprehend danger from her answers if questioned at respondent's trial. Thus, it was reasonable for her to fear that answers to possible questions might tend to incriminate her.
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