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This is really a blend of the fourth and fifth amendments. The fourth amendment protects you from the government randomly seizing your phone, but the right to
by curryst 11y ago
This is really a blend of the fourth and fifth amendments. The fourth amendment protects you from the government randomly seizing your phone, but the right to not incriminate yourself under the fifth amendment is what is used to justify not being able to compel someone to unlock/decrypt their device.
- tptacek 11y ago4A can't be at play here, because we're talking about searches accompanied by warrants. That leaves 5A. But 5A isn't absolute either. You can be compelled to produce all sorts of evidence against yourself. And even the basic privilege of not incriminating yourself has a public safety exception.