Constraints on Interrogation

No question can be asked in a state criminal or contract law investigation or state trial if a narrow response cannot be material to that investigation or trial, and no one can be compelled to answer a question not phrased as a true or false question, though he can of course choose to answer such a question.   For the purposes of this section, true or false questions cannot be used to cause the spelling of words or identifying of numbers by the process of elimination, successive approximation, or other methods which undermine the spirit of a true or false question.   An unembellished true or false answer can be demanded in response to a properly formed true or false question.

No question in state trial, and except in the security context clearance application and evaluation process, no question in a state investigation or state form, can prompt disclosure of, and no portion of a statement can be recorded that reveals information about, anyone's sexual orientation, or about ownership, custody, or nature of property, or about travel history or previous residences, or about the particulars (including names of participants, time and place of activity, etc.) of any individual's sexual relations, drug use, or about associations, communications, or prior occupational arrangements, when such is not in direct pursuit of testimony supporting or refuting commission of a crime of which an individual is formally accused.   "Direct pursuit" here means either that the question must force a response that directly establishes that a crime has or has not been committed, or directly confirms or refutes testimony which has already been recorded, or elucidates the history of a secured item of physical evidence regarding its production, technical or forensic characteristics, location, use, or custody.

No one can be prompted or compelled by the state to reveal any information about, and no portion of a statement can be recorded that reveals information about, any individual's media consumption history, or - except in cases of libel when the authored document is material - about history of published authorship, whether attributed, pseudonymous, or anonymous.

No information obtained in conflict with the above constraints can be recorded in any affidavit, trial minute, or other official record of investigation, trial, or other official activity.



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This is a preliminary draft. Pending changes are in The To-Do List