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Posts Tagged fifth amendment
Ares Armor vs ATF
Posted by Brian in Law, News, Threat Watch on 25/Nov/2015 07:00
From Ammoland.com:
The United States District Court for the Southern District of California ruled against Ares Armor in its lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives in a decision filed Thursday. United States District Judge Janis L. Sammartino, a George W. Bush appointee, ordered dismissal of plaintiff claims.
Ares claimed First, Second and Fifth Amendment violations by ATF, as well as a violation of the Firearm Owners Protection Act. ATF argued for dismissal, citing “lack of subject matter jurisdiction …  [and] failure to state a claim,†as well as for summary judgment on the claim by Ares that classifying the part as a firearm was “arbitrary.â€
Forced Hard Drive Decryption Is Unconstitutional, Appeals Court Rules
From: Threat Level
Forcing a criminal suspect to decrypt hard drives so their contents can be used by prosecutors is a breach of the Fifth Amendment right against compelled self-incrimination, a federal appeals court ruled Thursday.
It was the nation’s first appellate court to issue such a finding. And the outcome comes a day after a different federal appeals court refused to entertain an appeal from another defendant ordered by a lower federal court to decrypt a hard drive by month’s end.
Thursday’s decision by the 11th U.S. Circuit Court of Appeals said that an encrypted hard drive is akin to a combination to a safe, and is off limits, because compelling the unlocking of either of them is the equivalent of forcing testimony.
Woman Ordered To Give Up Password
From Wired.com:
The authorities seized the Toshiba laptop from defendant Ramona Fricosu in 2010 with a court warrant while investigating alleged mortgage fraud. Ruling that the woman’s Fifth Amendment rights against compelled self-incrimination would not be breached, U.S. District Judge Robert Blackburn ordered the woman in January to decrypt the laptop.