Do you believe a man has the right to "take the fifth" ?
Yes, I believe a you have the right to take the fifth.
If I have that right, then why does it not extend to my papers, which I have a right to, by the fourth amendment ?
The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The fourth amendment does not say that they can't search and seize your person of things it means they can't do it without a court order.
Essentially, If I can take the fifth, then burning or withholding my papers would be like taking my "written fifth".
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;
nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
I see your point about the fifth. The question I have is why would the fourth give them the right to search and seize your papers if they could not use them against you? I think the point of the
"nor shall be compelled in any criminal case to be a witness against himself" is they can't make you be wittiness against your self testifying or oral or written. I don't think that extends to things you choose to write or say unless to a lawyer or a priest.
I think that a personal journal should be private I equate a jouranl to written thoughts and I don't think thought should be use agains some one.
I don't think it is protected under the constitution.