[m1573rp34130dy]

britain doesnt have a 5th amendment right... thats one of the reasons there was a little bit of a problem ~ 240 years ago

https://www.gov.uk/arrested-your-rights

you will be sanctioned for not answering questions and later attempting to use facts related to that question for a defense

[mlindner]

That's pretty disgusting from an American point of view. It's unfortunate that they don't have such rights.

[craftyguy]

Well, Americans don't have those rights at the US border[0], so it's not like we're any shining example ourselves.

0. https://www.eff.org/wp/digital-privacy-us-border-2017

[m1573rp34130dy]

if you know what you are doing you dont need to take any kind of a digital asset across a border, everything you need can be obtained at your destination... border agents are not paid to respect your property, so avoid the opportunity for them to destroy your intellectual achievments via ignorance

However...

==> Your rights at the border. Compared to people and police in the interior of the country, border agents have more power and people crossing the border have less privacy. But the border is not a Constitution-free zone. The powers of border agents are tempered by the First Amendment (freedom of speech, association, press, and religion), the Fourth Amendment (freedom from unreasonable searches and seizures), the Fifth Amendment (freedom from compelled self-incrimination), and the Fourteenth Amendment (freedom from discrimination).

but the agents do have the right to mitigate security/criminal threats.

[craftyguy]

Just because you know how to avoid the problem doesn't make the problem go away.

[m1573rp34130dy]

[Re:] the same article we are talking about...

[===>] https://www.eff.org/wp/digital-privacy-us-border-2017

[m1573rp34130dy]

...yup a local solution doesnt satisfy a global level bork [NOT BorK ]

[toyota786]

Having grown up in the UK and known people to have been convicted of crimes, it's never struck me as disgusting or something that is particularly unfair. You're within your rights to refuse to answer a question, but this could be used against you in court.

"Where were you on the night of the killing?"

"..."

Prosecution could well use your initial refusal to answer this question to aid their case in court, even if you then provide some answer within court.

I am very unfamiliar with American law concerning these matters, so I'm not sure how much of a divide there is between America and the UK when it comes to this.

[rahimnathwani]

From that page: “You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

IANAL, but my understanding is that if the question is "What's your Facebook password?" and you refuse to give it, then the prosecution can mention this fact in a trial. But this by itself is not a problem for you. However, if you claim in court that there's evidence in your Facebook feed that shows you did not commit the crime (e.g. photos of you elsewhere at the time), then the jury might hold it against you that you didn't allow the police to access your Facebook account at the time, and they might then question the strength of this evidence.

Better explanation here: https://www.quora.com/UK-police-constables-say-it-may-harm-y...