The Fifth Amendment right against compelled self-incrimination would be breached if two insider trading suspects were forced to turn over the passcodes of their locked mobile phones to the Securities and Exchange Commission, a federal judge ruled Wednesday.
“We find, as the SEC is not seeking business records but Defendants’ personal thought processes, Defendants may properly invoke their Fifth Amendment right,” US District Judge Mark Kearney of Pennsylvania wrote. The full wording of the court decision may be found at http://cdn.arstechnica.net/wp-content/uploads/2015/09/Huang.pdf.
Chalk this up as one victory for the Constitution of the United States.
Categories: Legal Affairs