Utah High Court Finds Providing Phone Password Implicates 5th Amendment

(December 20, 2023, 1:55 PM EST) -- SALT LAKE CITY — A suspect’s verbal provision of a password to unlock an encrypted cell phone is a testimonial communication and, therefore, testimony at trial about the suspect’s refusal to provide a password violated his privilege against self-incrimination under the Fifth Amendment to the U.S. Constitution, the Utah Supreme Court ruled, affirming an appeals court’s reversal of a connection based on such testimony....

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