Thursday, March 10, 2016

Do the dead have rights?

I am writing this as a follow up to my article on Apple versus the Government.  The reason being is that I wanted to delve more into the issue on if the dead have rights with respect to property.  In most cases, as to what I know, they only have rights if and only if they leave a last will in testament.  That is the only time rights are actually given unless you my readers can enlighten me in which case I encourage you to message me via Twitter or Facebook or even here in the comments section.  As such, the government cannot touch the items that have been bequeathed by the dead individual to their new owners.  Additionally the body belongs to the family members and is thus their property along with any other items that were not specifically specified to go to individuals in the will.  However, if the family where to throw out any items that once belonged to the dead person, or the deceased had thrown away items, then there is no longer an owner and thus no right to privacy.  Basically, whatever you throw out (typically where you would place it for curbside pickup or in a dumpster) belongs to no one and the government, police, private investigator, or a random stranger has every right to look in your trash can and take whatever they please.  If the deceased has no next of kin, and there is no will, the personal property of the deceased then belongs to the government.  In short, trash, the unclaimed dead and unclaimed property all belong to the State government (or local or county government) depending on how the law is written.  Thus the limits of your right to privacy once you pass on.

Final Thought:  Surprised?  Well, I was a little too, but you basically have a certain level of privacy once you are gone as once you die your stuff is given to your family with their right to ownership taking effect and the government cannot touch the items.  Additionally, contents of cell phones like the dead terrorists IPhone, even if claimed as evidence, cannot be looked at as once the investigation period is over the phone will be given back to the dead man's family as it technically belongs to them now.  As such it is now owned by them and not the deceased. Thanks for reading.


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