In the UK you have to hand your password over on command
This law firm’s site has a good summary: https://www.reeds.co.uk/insight/section-49-ripa-2000-trendin...
The reason I say it’s important to note this is that the UK police absolutely will over represent these powers to bully you into voluntarily handing over unlock codes and passwords. Unless there’s a S49 notice, they’re just asking and you have every right to say ‘no thanks’, and even if they do issue one you can require your day in court to force the issue.
"Australia has no constitutional protection for the right to silence,[4] but it is broadly recognized by State and Federal Crimes Acts and Codes and is regarded by the courts as an important common law right and a part of the privilege against self-incrimination"
Here's a computer to explain it to you: https://chat.openai.com/share/532f399a-80d4-4973-9508-67f0f0...
And the references used. I even checked them myself:
https://law.justia.com/cases/federal/appellate-courts/ca4/21...
https://law.justia.com/cases/federal/appellate-courts/ca4/22...
This one in particular is great because apparently the 5th amendment doesn't apply if you're not an English speaker and don't understand the extreme subtleties of the law, such that you can be compelled to incriminate
“To qualify for the Fifth Amendment privilege, a communication must be testimonial, incriminating, and compelled.” The Fifth Amendment privilege against self-incrimination thus only protects a defendant from being compelled to provide “testimonial” evidence, meaning that the communication “must itself, explicitly or implicitly, relate a factual assertion or disclose information.” Indeed, the Supreme Court has explicitly distinguished between “the use of compulsion to extort communications from a defendant” and merely “compelling a person to engage in conduct that may be incriminating,” such as providing samples of one’s voice, handwriting, or physical appearance, all of which are constitutionally permissible."
Note, these are only the ones that were appealed.
Land of the free baby
It does not matter what the constitution says police are going to do whatever they want no matter what, and case law proves that that’s exactly what they will, and will continue to do
You seem to be continuing to operate under the assumption that America works underneath the rule of law universally applied. It doesn’t, it never has.
As you so clearly reinforced my original point, the only way that you can actually have those rights apply to you is by either being smart or rich, and most people are neither
Beyond that, cops are trained to manipulate people into believing that either a) they are required to talk (despite being read their Miranda rights), or b) that talking actually will work out better for them in the long run than staying silent.
That said, even though America doesn’t have a perfect record on this, our Fifth Amendment rights are generally effective at protecting us from forced self-incrimination. We at least have the luxury of the Supreme Court that may hear and adjudicate our cases if our Fifth Amendment rights are violated.
> Americans are forced by their government to self-incriminate all the time and are sitting in jail for it.
“all the time” ← Can you please quantify that? I genuinely don’t believe it happens enough to justify your assertion. (I’d love to be corrected with some data if I’m wrong.)
All in all, I think it’s a mistake to expect a perfect system. Compared to the rest of the world, our Constitution is a massive luxury; Americans are beyond lucky. I can either focus on the fact that the overall system isn’t perfect or I can appreciate—i.e., not take for granted—the fact that we even have the codified set of rights that we do.
P.S. I personally know folks from Third World countries whose family members were executed for having the “wrong” opinion. We really do take a lot for granted here in America.
There is no “evidence” because it’s not on the record. It’s a lived experience by poor people. I don’t know if you’ve noticed but police kill a lot of innocent people that looks precisely like executing somebody for making the wrong decision, so I’m not sure how you’re not seeing it but it seems like you’re intentionally not seeing it.
It’s examples like my friend who did 10 months in county jail because he pissed hot during a two month probation on a drug charge related to a friend that he was driving the car with. This is an every day experience for me as a teenager. I was pulled over regularly and padded down and it was only because I had a white mom who would come bitch at the police that I didn’t have a record.
There is an entire country within America that has no access to constitutional rights. I suggest you just look up a little bit of black history and you’ll be informed on some of this.
> […]
> There is an entire country within America that has no access to constitutional rights. I suggest you just look up a little bit of black history and you’ll be informed on some of this.
I really hate having to bring up my background and race, but I really have to here: I’m literally a black man who grew up in inner city America who also used to be a leftist activist years ago (one of my primary focuses used to be “police brutality”). This is absolutely not a foreign topic to me. I’ve personally had a number of bad encounters with the police going back all the way to my pre-teen years. I find it interesting that you simply assumed, based on my perspective, that I’m somehow just oblivious. Regardless, none of that changes anything I’ve said.
Also, your claim that a certain segment of Americans, such as poor black folks, have “no access to constitutional rights” is simply false. A more reasonable argument would be that a certain segment of Americans lack the resources to properly defend their Constitutional rights, but those rights haven’t gone anywhere.
I got put on the hood for nothing for years before going into the military and whitening up.