Legal Question in Constitutional Law in North Carolina

computers and the 5th amendment

Why can your personal property be used against you, such as police coming into your house with a warrant and take your computer, to look for evidence against you. Why wouldn't the 5th amendment protect you from being forced to give evidence against yourself?


Asked on 5/17/07, 2:59 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: computers and the 5th amendment

The Fifth Amendment says you don't have to testify against yourself, but says nothing about evidence seized from you by the police. Such seizures are governed by the Fourth Amendment, which allows them when the police have properly obtained a warrant (and, in many instances, even when they have not).

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Answered on 5/17/07, 2:06 pm


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