So you're fine with them breaking the law?

18 U.S.C. 1725 states:

"Whoever knowingly and willfully deposits any mailable matter such as statements of accounts, circulars, sale bills, or other like matter, on which no postage has been paid, in any letter box established, approved, or accepted by the Postal Service for the receipt or delivery of mail matter on any mail route with intent to avoid payment of lawful postage thereon, shall for each such offense be fined under this title"

Personally, I don't like seeing junk like this stamped or not in my mailbox. But to have someone break the law to deliver it is even worse. Fine them the $5,000 IMO.

Scenario 4 most certainly DOES happen. Has happened to me when they asked if they could look around. Even if they ignore that statement and search anyways. They then need to show probable cause, and you can fight for your rights if they are violated. There are many lawyers who will take up these types of cases.

It boils down to this, (if you're still reading): There are so very many things that are perfectly legal to do or have that you might not want others to know you have them and would refrain from sharing.

1: The encrypted hard drive contains homemade porn with your wife.
2: You're digging a fallout shelter in your yard during that time and don't want anyone to know in case of disaster.
3: You're planning a surprise party and do not want to ruin it.
4: You were having an affair with police officer's wife and you are afraid if you tell him he will hurt you.
5: You were listening to Creed and don't want anyone to know you like that band.
6: You don't want to explain why you were at the bar with a friend your wife has forbid you from seeing when you told your wife you were at the movies with a different friend.
7: You were at your doctors getting the results of an STD test.

The list goes on and on. Unless you're saying secrets are no longer allowed?

Seems to me it is a pretty damn big burden to decrypt a hard drive that they "Suspect" has videos of the murder on it, but instead it is your webcam collection of yourself and your lady friend making "art" which is now in the hands of the police. The 5th amendment isn't just about answering questions. It's about not using your knowledge to assist them in doing witch hunts against you. There are things that are perfectly legal that you might want to hide. Why would a murder case you had nothing to do with change what you have the right to keep hidden?

I would rather people get away with crimes than innocent people get witch hunted. There is a reason the term is called a witch hunt, look at history.

I will give you an example: You are asked by a prosecutor where you were on Sunday Night at 5PM in regards to a murder. You have already said you didn't do it. You refuse to answer, using your constitutional rights.

Why did you refuse to answer? Well, you weren't doing anything illegal, you were out with your friends watching the new Iron Man movie in 3d. Nothing bad about that.

Except your wife LOVES Robert Downey Jr and you promised not to see the movie without her. Now you telling the prosecutor where you were on Sunday night at 5PM has caused maritial strife when a white lie would have been fine.

Summary: Police want to search your car. Nothing benefits you and lots is bad.

Scenario 1: They find nothing and you go on your way. This is the BEST scenario from a police searching your car and you have lost time.

Scenario 2: They find nothing, but during the search they dropped your stuff on the ground and broke something. They aren't liable for that. Now you have a broken widget, lost time.

Scenario 3: They find a knife or other item you put there months ago while moving and you told them you had no weapons when they walked up. You now have lied to the police.

Scenario 4: You say to the police officer "I am sorry officer, I do not consent to searches". The police officer has no other reason to search you and sends you on your way.

When you're being questioned by the police, anything you say can be taken the wrong way and turn out bad for yourself. Saying things to the police at BEST leaves you right where you started. You're not getting cookies after the interrogation...

With a picture of Obi Wan on a background of Serenity docking at Babylon 5 while being chased by a cylon raider.

http://xvt.uharc.net/