Exactly, the key is "testimonial evidence," as in, is the piece of information the government is making you tell them testimonial in nature as defined by case l

Exactly, the key is "testimonial evidence," as in, is the piece of information the government is making you tell them testimonial in nature as defined by case law. Testimonial seems to be defined by case law as giving some kind of real information. . . which to me is a vague standard, I mean, doesn't all communication, aside from incoherent blathering give some kind of information. The court in my reading hasn't really clarified how much or what kind of information has to be given up before becoming testimonial. The supreme court has previously found that signing declarations and consents, (like if they government were to force you to sign a consent to a bank to turn over your banking info), wasn't testimonial because a declaration doesn't communicate any real info. I don't know if the same reasoning can apply to cell phone passwords but they really need a clearer standard.