Can your diary be used as evidence against you?
2 attorney answers
It depends entirely on how the diary is obtained. The private papers of a diary are certainly protected by the 4th and 14th Amendments and Section 10 of the Kansas Bill of Rights as well as Kansas statute. However. there are legal ways the state can gain access to private property. If a diary is seized by the police the defense can file a motion to suppress and the court will decide if the evidence was legally obtained or not. If the court rules that it was not legally obtained it should order the evidence suppressed so that it cannot be used in court.
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Whether or not the contents can be used by the prosecution will depend on how the diary was obtained. The fifth amendment would not apply, in my opinion, as I doubt the statements were made during an interrogation in a custodial setting. Also, I cannot imagine how the entry (ies) in the diary could be made and the writer invoke such rights.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.