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5th Amendment to the U.S. Constitution

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§ 2-1 Privacy

United States v. Maxwell, 42 M.J. 568 (A.F.C.C.A. 1995), aff’d in part, rev’d in part, remanded, 45 M.J. 406 (C.A.A.F. 1996).
Private communications revealed as a result of a defendant’s criminal activities do not violate defendant’s 1st and 5th Amendment rights. "The First Amendment does not afford protection to indecent language under the circumstances of this case."


§ 2-2 Self-Incrimination

Andresen v. Maryland, 427 U.S. 463 (1976).
Seizure of a defendant’s business records does not violate the 5th Amendment because the defendant was not compelled to testify against himself.

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