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by phire 61 days ago
> If I hand wrote some notes in a notebook or diary, I wouldn't have to hand them over, as I understand it, even with no lawyer in the mix. Same if I wrote some notes in a text file on my computer.

There is some protection of personal private documents for civil cases. But for a criminal case, there is no 4th or 5th amendment protection for stuff you wrote in your diary.

1 comments

Should it be relevant though? It seems to me like criminalization of thoughts. Even if they externalized into a diary.
If you write in your diary "I'm gonna kill her" and then she gets killed it's relevant
If you were caught with notebooks detailing your plans to kill a list of people, showing that you've meticulously tracked their movements and listing locations for dumping the bodies that would be extremely relevant. I don't see how it'd be a good idea to exclude that kind of evidence.
Depends, if you wrote a detailed confession with material non public facts, a jury can hear it and weigh the evidence.