Quote:
Originally Posted by Tcoat
I can read!
Enlighten me on what I missed in the 5th that protects you from search.
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The Fifth Amendment protects us from being forced to bear witness against ourselves. Case law has held that to include action as well as words. Therefore a police officer can't force us to open our hoods. If the cop has real probable cause, he can open it himself. But he can't force us to do it.
The Fourth Amendment protects us from unreasonable search and requires probable cause by extension. If the cop has probable cause, that still doesn't require a motorist to open the hood even if the cop has the right to see in there. A US citizen is never required to cooperate in his own prosecution.