Utah Supreme Court upholds right to withhold phone passcodes from cops

Originally published at: Utah Court Upholds Right to Withhold Phone Passcodes


I’m glad, but also so confused that this was an issue anymore.
Is it now being questioned whether we do, in fact, have the right to remain silent???


No. Law enforcement has long maintained that providing a password is not testimonial speech, that it’s no different than providing the key to a lock box they have a warrant to search. So far, courts have not agreed. Interestingly, if your phone unlocks by facial recognition or your fingerprint, that’s not testimonial speech, and so the police are allowed, as long as they have a warrant, to just hold your phone up to your face, or use your finger.


Another good reason not to use biometrics for physical security.


If needs be you can always gnaw off the odd finger. Don’t use your pinkies though, people will think you make your living peddling Japanese hot tubs.

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I’ve always talked people out of it by saying “It means that the only people who can access your device are the ones who have your finger.”


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