[rhizome]

But when it comes to the state's evidence hinging entirely upon the defendant's cooperation, no - that's why we have the 5th Amendment (gov't cannot compel one to testify against self).

And really, doesn't that mean it (whatever is obscured by a lack of cooperation) shouldn't be considered a crime? Kind of by definition?

[dedward]

Not if they find a way to get to it and it incriminates you. otherwise, lack of coooperation because you are exercising your rights is not supposed to be used as evidence of a crime.

not letting the police into your home is not in any way considered valid criteria for a judge to issue a search warrant, as i understand it.