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posted by on Wednesday March 22 2017, @08:19AM   Printer-friendly
from the better-treatment-than-if-he's-guilty dept.

On Monday, a US federal appeals court sided against a former Philadelphia police officer who has been in jail 17 months because he invoked his Fifth Amendment right against compelled self-incrimination. He had refused to comply with a court order commanding him to unlock two hard drives the authorities say contain child porn.

The 3-0 decision (PDF) by the 3rd US Circuit Court of Appeals means that the suspect, Francis Rawls, likely will remain jailed indefinitely or until the order (PDF) finding him in contempt of court is lifted or overturned. However, he still can comply with the order and unlock two FileVault encrypted drives connected to his Apple Mac Pro. Using a warrant, authorities seized those drives from his residence in 2015. While Rawls could get out from under the contempt order by unlocking those drives, doing so might expose him to other legal troubles.

In deciding against Rawls, the court of appeals found that the constitutional rights against being compelled to testify against oneself were not being breached. That's because the appeals court, like the police, agreed that the presence of child porn on his drives was a "foregone conclusion." The Fifth Amendment, at its most basic level, protects suspects from being forced to disclose incriminating evidence. In this instance, however, the authorities said they already know there's child porn on the drives, so Rawls' constitutional rights aren't compromised.

[...] The suspect's attorney, Federal Public Defender Keith Donoghue, was disappointed by the ruling.

"The fact remains that the government has not brought charges," Donoghue said in a telephone interview. "Our client has now been in custody for almost 18 months based on his assertion of his Fifth Amendment right against compelled self-incrimination."

-- submitted from IRC


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  • (Score: 0) by Anonymous Coward on Wednesday March 22 2017, @06:26PM

    by Anonymous Coward on Wednesday March 22 2017, @06:26PM (#482871)
    Touche? I mentioned US police officers on purpose... Just because US police officers are a greater danger to people on average doesn't mean we should lock them all up for just being police officers.

    Remember, the laws against possession can be used against nonpedos, so such laws are a risk to us as well.

    Go after those making, distributing or selling it. Like some people in the FBI perhaps... Perhaps the smarter perverts join the FBI so that they can legally possess child porn ;). By the way in other countries, the "moral police" seem full of perverts...