Darren Chaker on the Fifth Amendment and Passwords

The Fifth Amendment's protection against compelled self-incrimination is the core issue.

Courts are split on whether passwords or biometric unlocks are testimonial evidence; biometrics are treated as physical characteristics in most jurisdictions.

The foregone conclusion doctrine is the main legal test, and some courts allow compelled passwords if the government already knows the device contents.

Other courts say producing a password shows knowledge of it and control of the device; cases cited include Riley v. California, State v. Stahl, In re Search of Residence, Commonwealth v. Jones, and Seo v. State.

The article also advises powering off the device, using full disk encryption, and asking for a lawyer while invoking the Fifth Amendment.