Which item would not be permissible to search under a warrant?

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Multiple Choice

Which item would not be permissible to search under a warrant?

The focus here is the limit on what a warrant can compel you to search for based on the protections against self-incrimination. Personal writings by the accused that constitute evidence of an offense are testimonial in nature because they reveal the contents of the defendant’s thoughts and potential admissions. Forcing someone to produce or for police to search for those writings would directly compel testimony about their criminal activity, which the Fifth Amendment protects against. Because of that, such writings cannot be searched for or seized under a warrant. By contrast, bank records, contraband, and stolen property are tangible items or documents that can be described in a warrant and seized if they are located within the scope of the search and connected to the crime.

The focus here is the limit on what a warrant can compel you to search for based on the protections against self-incrimination. Personal writings by the accused that constitute evidence of an offense are testimonial in nature because they reveal the contents of the defendant’s thoughts and potential admissions. Forcing someone to produce or for police to search for those writings would directly compel testimony about their criminal activity, which the Fifth Amendment protects against. Because of that, such writings cannot be searched for or seized under a warrant.

By contrast, bank records, contraband, and stolen property are tangible items or documents that can be described in a warrant and seized if they are located within the scope of the search and connected to the crime.

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