One of Aaron Hernandez’s various legal complications has become somewhat more complicated for the former Patriots tight end. As explained earlier this week by Wesley Lowery of the Boston Globe, Hernandez has relied on his Fifth Amendment right against self incrimination in the civil suit that claims he shot a friend in the face in…
The Fifth Amendment to the United States Constitution states, in relevant part, that "No person shall be... deprived of life, liberty, or property, without due process of law." The concept of "due process" is multi-faceted, generally meaning that a person cannot be deprived of a legally-protected interest (i.e. Show More Summary
If there is any single name that has become synonymous with Barack Obama’s corruption of the Internal Revenue Service (IRS), it is Lois Lerner. Few can forget her stern visage as she took the Fifth Amendment before a House Oversight Committee on May 22 in order to cover up her key role in targeting conservative groups for IRS harassment. Show More Summary
That's the argument the Electronic Frontier Foundation is making in a new brief.
The Electronic Frontier Foundation has filed a brief in the case of Leon Gelfgatt, arguing that forcing the accused to decrypt a file violates the Fifth Amendment, which makes you secure against self-incrimination.
Can the government force you to decrypt your hard drive? Do the Fifth Amendment of the United States Constitution and Article 12 of the Massachusetts Declaration of Rights protect us from being compelled to disclose or enter our encryption...Show More Summary
By Lambert Strether of Corrente. For Obama watchers, it seem ludicrous to imagine that he has any concern for rights whatever, in particular for the Fourth and Fifth Amendments. Be that as it may, Obama has clearly stated that health care is a right, so I'm going to take him at his word. Here he is in debate during Campaign 2008:
Lois Lerner, the IRS official who sparked the IRS Tea Party controversy, has retired. Lerner had been on administrative leave since last May, after she pleaded the Fifth Amendment before a Congressional committee. Read more...
-Submitted by David Drumm (Nal), Guest Blogger The iPhone 5s allows the user to unlock their device using biometric data, namely their fingerprint. It is more convenient that typing in a simple four digit passcode. Fingerprint readers vary in vulnerability. Some only check ridges and can be fooled by a good photocopy. The iPhone reader […]
Asked about Article V of the Constitution, Kentucky GOP senate candidate Matt Bevin began talking about the Fifth Amendment at an event yesterday:The clip was posted online from the Mitch McConnell campaign. From a news account of the...Show More Summary
My new Cato Supreme Court Review article on the Supreme Court’s major recent Takings Clause decisions is now available on SSRN. Here is the abstract: Property rights protected by the Fifth Amendment’s Takings Clause have long been “relegated to the status of a poor relation” in Supreme Court jurisprudence. Show More Summary
"Under the Fifth Amendment, Police can’t force you to self-incriminate by testifying, or divulging something in your mind. It’s unclear if that same protection applies if the password is your fingerprint."WSJ.com.
Marcia Hoffman worries that Apple’s fingerprint-ID iPhone will make it difficult for owners to invoke the right against self-incrimination. Why? Because while people can’t be forced to share information such as PINs, they can be compelled to provide fingerprints: Take this hypothetical example coined by the Supreme Court: If the police demand that you give them the […]
The 2007 Ballon d’Or winner Ricky Kaka’ has had a tough few years at Real Madrid. Yet despite his problems, the Brazilian had usually plead the Fifth Amendment and kept schtum on his frustrations. Until tonight. Straight after scoring a brace in Madrid’s exhibition win in La Coruna, Kaka’s wnt public with his desire to [...]
Did you know that the government has the power to legally take your property from you? That power is called “Eminent Domain” and it is derived from the Fifth Amendment to the US Constitution which says in part “…nor shall private property...Show More Summary
How quickly the Predator drone, the gutting of the first, fourth, and fifth amendments, the all-out war on whistleblowers, the tsunami of the surveillance state, etc. have descended upon us.
First, Second, Fourth, and Fifth Amendment rights have all been in the news recently, from the Department of Justice’s specious warrants to Justice Kennedy’s DOMA ruling. But most people are probably not too worried about their Third Amendment rights. Unless you’re a member of the Mitchell family. Show More Summary
The first, second, fourth, and fifth amendments are pretty well-known—but when's the last time you cited the third amendment? As a refresher, it states that "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but...
A SWAT training session. Photo via Flickr user Joe 13 Police officers are accused of violating the First, Second, Fourth, and Fifth Amendments all the time, but even the most ardent civil libertarians tend to forget that the Third Amendment exists. Show More Summary
On Tuesday, William W. Taylor III, attorney for Lois Lerner, the IRS official at the center of the Tea Party targeting scandal who invoked her Fifth amendment rights before the House Oversight and Government Reform Committee on May 22, set forward his client's hard line conditions to return and testify openly before the committee. Show More Summary