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"You have the right to remain silent...."

Well, actually, you don't have the right to remain silent any more.

Comments

asqmh
Jun. 22nd, 2004 04:50 pm (UTC)
I agree, though, that this didn't violate the 5th amendment unless their was reason to believe that in divulging one's identity, one is incriminated. For some, this may be true -- but for most it's not and therefore asking a person to self-identify isn't covered under the 5th. It's like the question of "reasonable expectation of privacy;" you have it on your home phone, but not on a public payphone. You have it in your own bathroom, but not in a public restroom, therefore there are different channels to go through when you're dealing with an arena in which the person has a reasonable expectation of privacy versus when an arena in which he doesn't.

Do I like it? Not particularly. But in this case, I have to say I agree with the court's ruling -- that it's not something that conflicts with our constitutional rights as they stand now. So maybe we should change 'em.

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