(June 25, 2016 at 10:59 pm)TheRealJoeFish Wrote:(June 25, 2016 at 6:49 pm)Jehanne Wrote: Let's say that the guy is telling the truth, if only for a hypothetical scenario; in this case, he does not know the password. How could he possibly give the cops something that he does not have access to?
That's a totally different question. If he doesn't know the password (if he's lost the key), then there's no way he can give it to them. But that has nothing to do with the 5th amendment. No, holding him indefinitely for forgetting a password is, rather, an entirely different sort of unconstitutional.
I would disagree; if someone is truly innocent of a crime, then they could be completely ignorant of the facts surrounding that crime. As such, the 5th Amendment is there to protect them on cross-examination from the accusation of "feigned ignorance".
