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by eschaton
601 days ago
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The right against self-incrimination is about more than speech. The philosophical underpinning is that a person has the right not to be compelled to aid in their own prosecution. That’s why evidence is seized as a result of a warrant that cannot just be a “fishing expedition.” “We suspect you commit a crime but have no specific evidence or knowledge of specific evidence, let us search for anything that might be evidence” doesn’t fly under such a theory. And a search warrant doesn’t compel the subject to disclose hiding places etc. either (though it probably can compel one to disclose hazards like traps, for safety in the moment). |
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No, you have to cooperate with subpoenas. Protections against self incrimination are much more narrow. Legally and historically.