this post was submitted on 19 Apr 2024
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Privacy
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As an American and avid rights understander, it is not the 5th Amendment which this risks violating (which you did cite correctly), but the 4th Amendment, which guarantees protection from undue searches and seizures of your person, property, or effects. This is the whole reason for the warrant requirement and the reason you hear us bitching whenever something comes up that lets police or agents of the government acquire non-public access to information or property in a warrantless way.
An example: the police are investigating Mary's death and suspect you of having planned the murder in the Notes app on your phone, so they want to get into your phone. Without a court order (warrant), you have to give them permission. With the court order, you must give the passcode and/or unlock the phone.
Now, at this point, if your passcode happened to be 'I killed John02&' you could argue 5th Amendment protection because divulging the information would incriminate yourself in the crime, or a different crime.
I believe the reason the 5th is usually referenced is that this usually comes up in situations where the 4th is already not relevant. Either because there already is a warrant, or because you're crossing a border (which IMO seems like an incredibly sketchy excuse and would likely not have been accepted by those who originally penned the 4th amendment, but is at least well-established law at this point).
The thing is, case law has determined that this is not the case. Passcodes are fairly well protected, from what I've heard. You cannot be made to divulge them anywhere in the US, because of the 5th amendment, even with a warrant. Case law is more split on whether biometrics should be offered the same protection.
Though again, this is all my understanding of it having heard it third hand from Americans. Mostly from Americans who themselves are not legal experts, though I think I've at least a couple of times heard it directly from lawyers.
They will try to scare you into unlocking your device. I would get a lawyer if you get arrested.