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Over Easy: Grand Jury basics, as Ferguson Waits for a Decision

In the United States, a person cannot be prosecuted for a felony unless there is probable cause to believe that a person has committed a felony. Pursuant to the Fifth Amendment, all federal felony prosecutions must be by grand jury indictment, unless the defendant waives his right to be prosecuted by indictment and agrees to [...]

Why the Constitution Can Protect Passwords But Not Fingerprint Scans

Fingerprint scans are more secure, except when it comes to the Fifth Amendment

Judge rules passcodes are protected, fingerprints not so much

A Virginia judge has ruled that a criminal suspect can be compelled to give up a fingerprint to unlock a device but passwords are protected by the Fifth Amendment. Mobile passwords passcodes fingerprints iphone iPad Fifth Amendment

Judge rules passcodes are protected, fingerprints not so much

A Virginia judge has ruled that a criminal suspect can be compelled to give up a fingerprint to unlock a device but passwords are protected by the Fifth Amendment. Mobile passwords passcodes fingerprints iphone iPad Fifth Amendment

Judge rules passcodes are protected, fingerprints not so much

A Virginia judge has ruled that a criminal suspect can be compelled to give up a fingerprint to unlock a device but passwords are protected by the Fifth Amendment. Mobile passwords passcodes fingerprints iphone iPad Fifth Amendment

Judge rules passcodes are protected, fingerprints not so much

A Virginia judge has ruled that a criminal suspect can be compelled to give up a fingerprint to unlock a device but passwords are protected by the Fifth Amendment. Mobile passwords passcodes fingerprints iphone iPad Fifth Amendment

Judge rules passcodes are protected, fingerprints not so much

A Virginia judge has ruled that a criminal suspect can be compelled to give up a fingerprint to unlock a device but passwords and passcodes are protected by the Fifth Amendment. Mobile passwords passcodes fingerprints iphone iPad Fifth Amendment

Judge rules passcodes are protected, fingerprints not so much

A Virginia judge has ruled that a criminal suspect can be compelled to give up a fingerprint to unlock a device but passwords are protected by the Fifth Amendment. Mobile passwords passcodes fingerprints iphone iPad Fifth Amendment

Judge rules passcodes are protected, fingerprints not so much

A Virginia judge has ruled that a criminal suspect can be compelled to give up a fingerprint to unlock a device but passwords and passcodes are protected by the Fifth Amendment. Mobile passwords passcodes fingerprints iphone iPad Fifth Amendment

Judge rules passcodes are protected, fingerprints not so much

A Virginia Circuit Court judge has ruled that a criminal suspect can be compelled to give up a fingerprint to unlock a device but passwords and passcodes are protected by the Fifth Amendment. Mobile passwords passcodes fingerprints iphone iPad Fifth Amendment

New ruling may affect police access to smartphones

2 weeks agoTechnology : Tech Talk

A federal judge in Virginia ruled that fingerprints are not protected by the Fifth Amendment, which could affect police access to fingerprint-protected devices like the new iPhones. CBS News legal analyst Rikki Klieman joins "CBS This Morning Saturday" to discuss the decision.

Court Rules Police Can Force Users to Unlock iPhones With Fingerprints, But Not Passcodes

A Circuit Court judge in Virginia has ruled that fingerprints are not protected by the Fifth Amendment, a decision that has clear privacy implications for fingerprint-protected devices like newer iPhones and iPads. According to Judge Steven C. Show More Summary

Court rules that Touch ID is not protected by the 5th Amendment

3 weeks agoOdd : Boing Boing

"A Virginia Beach Circuit Court this week ruled that an individual in a criminal proceeding cannot be forced to divulge the passcode to his cellphone as it would violate the self-incrimination clause of the Fifth Amendment. At the same...Show More Summary

Court rules: Touch ID is not protected by the Fifth Amendment but Passcodes are

Advances in technology always make for interesting interpretations of established law. Most recently, a Virginia Beach Circuit Court this week ruled that an individual in a criminal proceeding cannot be forced to divulge the passcode to his...

Top Headline Comments 10-31-14

Happy Halloween. There's an interesting Fourth and Fifth Amendment case coming out of Virginia about whether the police can compel a person to unlock their phone with a fingerprint even where they could not compel that person to unlock their...

Dead Is Dead: Drone-Killing the Fifth Amendment

4 months agoNews : Truthdig

By Peter Van Buren, TomDispatch Thanks to a much contested, recently released but significantly redacted Justice Department white paper providing the basis for the extrajudicial killing of American citizen Anwar al-Awlaki, we finally know the president in Post-Constitutional America is officially judge, jury, and executioner.

Peter Van Buren: Drone-Killing the Fifth Amendment

Yves here. This post on the Administration's efforts to justify its official policy of murder by drone shows how due process is dead in America. That may seem a bit far afield of Naked Capitalism's beat. But the systematic assault on...Show More Summary

Real-Life House of Cards: DOJ says President is Judge Jury & Executioner

By Peter Van Buren via Tomdispatch.com You can’t get more serious about protecting the people from their government than the Fifth Amendment to the Constitution, specifically in its most critical clause: “No person shall…

Another Casualty of the War on Terror: the Fifth Amendment

This story first appeared on the TomDispatch website. You can't get more serious about protecting the people from their government than the Fifth Amendment to the Constitution, specifically in its most critical clause: "No person shall be... Show More Summary

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