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Questions tagged [fifth-amendment]

Rights enumerated in or derived from the fifth amendment to the U.S. Constitution.

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Can a US citizen be required to provide the authentication key for encrypted data on a confiscated computer?

I'm asking this for the sake of a story I was considering writing. Assume that someone has a computer, and within that computer he has some encrypted data. He is accused of a crime and the police ...
24
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1answer
3k views

Does the US Fifth Amendment only apply to criminal trials? Do any laws protect a person in civil court when testimony would implicate them in a crime?

Suppose someone is accused of burglary. This person is asked to appear in civil court regarding an unrelated event that occurred at the same time as the burglary but in a different location. If the ...
49
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3answers
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How does the mandate to report income from illegal activities in the US jibe with the Fifth Amendment?

Al Capone was famously taken down for tax evasion for not reporting income from his illegal activities. If someone were to report the income from illegal activities like a marijuana dispensary or a ...
7
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1answer
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Can you plead the fifth to avoid revealing the identity of someone you were accused of being?

This is a question for the sake of a story, I'm not seeking legal advice to use in court, just fact checking general laws. Any elaboration on interesting facets that may be useful for story writing ...
13
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1answer
2k views

Why hasn't civil asset forfeiture been ruled unconstitutional?

If news articles like this and this are accurate, then U.S. law enforcement can confiscate private property, including cash, without convicting someone of a crime – or even charging them – under a ...
5
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3answers
181 views

Suspending White House hard pass & preliminary injunction

Jim Acosta was asked by the Secret Service to surrender a White House hard pass as the result of an altercation in a press event. The White House press secretary explained that it being suspended ...
5
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1answer
161 views

Must the State compensate individuals from whom property is seized as evidence?

Pursuant to the Fourth Amendment, law enforcement officers routinely obtain warrants under a "probable cause" standard to seize items that may contain evidence of a crime. This is a taking of private ...
3
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1answer
798 views

After being pardoned, can one be forced to testify in civil and criminal cases?

After being pardoned, can one be forced to testify in civil and criminal cases with no protection against self-incrimination? My example is how Trump has pardoned former Arizona sheriff Joe Arpaio; ...
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1answer
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How is the limit of the Fifth Amendment enforced?

What prevents someone from pleading the Fifth Amendment, even if they don't necessarily have something that would incriminate themselves if they answered? Does the opposition have to prove that ...
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3answers
333 views

What, Legally, Justifies Eminent Domain?

In the United States, under the Taking Clause of the Fifth Amendment, the Federal Government's power of Eminent Domain is established: nor shall private property be taken for public use, without ...