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You and I read the same article and yet reached vastly different conclusions. Is the passcode speech? Is the passcode protected under the 5th amendment. Because
by yardie 7y ago
You and I read the same article and yet reached vastly different conclusions. Is the passcode speech? Is the passcode protected under the 5th amendment. Because they can't compel you to testify.
Remember, it's up to the prosecutor to build on the evidence they have. If they don't have your phone they don't have much evidence. And it is my belief your passcode is your thoughts.
What if he gave them the codes? They would have noodled around his phone until they found something else. That traffic stop could have become felony possession and that felony possession could have been upgraded to felony distribution if someone had sent him a message to pick up something on the way back.
- joshuaheard 7y agoThat's a great argument, but he didn't make it. As I said above, if you feel the warrant would violate your First or Fifth Amendment rights, there is a process for that. You can't just ignore a court order, or you will end up in jail.