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by eschaton 601 days ago
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).

1 comments

> philosophical underpinning is that a person has the right not to be compelled to aid in their own prosecution

No, you have to cooperate with subpoenas. Protections against self incrimination are much more narrow. Legally and historically.