Utah Supreme Court says suspects can refuse to hand over phone passwords to the police
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Utah's state Supreme Court has upheld a court of appeals ruling, finding in the State v. Valdez that the Fifth Amendment right against self-incrimination allows criminal suspects...

Utah Supreme Court says suspects can refuse to hand over phone passwords to the police | Other state Supreme Courts disagree and the case would wind up before the US Supreme Court::undefined

  • AdamEatsAss@lemmy.worldEnglish
    151·
    11 months ago

    Yeah biometrics historically haven’t been protected by the 5th amendment. I have seen other people argue that not supplying the password if the police obtain a warrant can result in obstruction of justice charges. I like to think it wouldn’t. They have the phone and a warrant it’s up to them to figure it out, a person doesn’t have to point out where they hide things in their home to police.

    • meco03211@lemmy.worldEnglish
      71·
      11 months ago

      But if you don’t open the safe, they can destroy it to retrieve the contents. They could destroy your phone too in the process.

      • AdamEatsAss@lemmy.worldEnglish
        6·
        11 months ago

        …Exactly. The laws in the USA don’t really reflect modern digital technology that well. Many of our legislators don’t understand the tech and the government is so divided that getting anything to pass seems impossible.