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Full-Text Articles in Criminal Law
Self Incrimination And Cryptographic Keys, Gregory S. Sergienko
Self Incrimination And Cryptographic Keys, Gregory S. Sergienko
Greg Sergienko
Modern cryptography can make it virtually impossible to decipher documents without the cryptographic key thus making the availability of the contents of those documents depend on the availability of the key. This article examines the Fourth and Fifth Amendments' protection against the compulsory production of the key and the scope of the Fifth Amendment immunity against compelled production. After analyzing these questions using prevailing Fourth and Fifth Amendment jurisprudence, I shall describe the advantages of a privacy-based approach in practical and constitutional terms. [excerpt]
The Search And Seizure Of Private Papers: Fourth And Fifth Amendment Considerations, Steven Shiffrin
The Search And Seizure Of Private Papers: Fourth And Fifth Amendment Considerations, Steven Shiffrin
Steven H. Shiffrin
There is a recognizable factual distinction between the search and seizure of private papers and the search and seizure of non-documentary items. It is difficult, however, to decide when such a distinction should assume constitutional dimensions. Specifically, are there circumstances under which private papers should be immune from search and seizure? In a 1967 landmark case, Warden v. Hayden, the United States Supreme Court raised doubts concerning the continued validity of decades of settled law on this important issue. Warden's reopening of this problem aroused the curiosity of commentators, spurred new policy arguments in the American Law Institute, divided the …
Warrant Requirement -- The Burger Court Approach, Robert Bloom
Warrant Requirement -- The Burger Court Approach, Robert Bloom
Robert Bloom
No abstract provided.
United States V. Leon And Its Ramifications, Robert M. Bloom
United States V. Leon And Its Ramifications, Robert M. Bloom
Robert Bloom
No abstract provided.
The Supreme Court And Its Purported Preference For Search Warrants, Robert M. Bloom
The Supreme Court And Its Purported Preference For Search Warrants, Robert M. Bloom
Robert Bloom
No abstract provided.
United States V. Leon And Its Ramifications, Robert M. Bloom
United States V. Leon And Its Ramifications, Robert M. Bloom
Robert M. Bloom
No abstract provided.
Warrant Requirement -- The Burger Court Approach, Robert M. Bloom
Warrant Requirement -- The Burger Court Approach, Robert M. Bloom
Robert M. Bloom
No abstract provided.
The Supreme Court And Its Purported Preference For Search Warrants, Robert M. Bloom
The Supreme Court And Its Purported Preference For Search Warrants, Robert M. Bloom
Robert M. Bloom
No abstract provided.
“Intelligence Searches” And Criminal Investigative Purposes, Robert Power
“Intelligence Searches” And Criminal Investigative Purposes, Robert Power
Robert C Power
No abstract provided.