The Fifth Amendment protected a child pornography suspect from having to decrypt his computer hard drives in response to a grand jury subpoena, a federal appeals court ruled yesterday. [W]e hold that [the suspect's] decryption and production of the hard drives' contents would trigger Fifth Amendment protection because it would be testimonial, and that such protection would extend to the government's use of the drives' contents," wrote Judge Gerald Bard Tjoflat of the 11th Circuit.
[...] the Fifth Amendment right to counsel is not crime specific. [...] it appears from the holding of this decision that an individual who has been released from custody on one charge and arrested on another charge during the 14day window may not be interrogated by law enforcement prior to the expiration of the 14-day period.
On Aug. 31 Solyndra, a solar panel company in Fremont, Calif., financially collapsed and closed its doors forever. Within days, the FBI was executing surprise search warrants on both the bankrupt company's headquarters and the home of the company's chief executive, Brian Harrison. On Sept. 23, Mr. Harrison, along with another Solyndra executive, invoked his Fifth Amendment right to avoid self-incrimination when questioned about Solyndra's bankruptcy by the House Subcommittee on Oversight and Investigations. In addition to raising troubling questions about the competitiveness of American manufacturers in industries that are quickly being dominated by Chinese companies, the Solyndra bankruptcy raises important questions about whether the federal government should be in the business of pic...
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