Comment Re:Nonsense (Score 1) 328
The reason you can refrain from providing a passcode is because the 5th Amendment protects you against self-incrimination, and the very act of providing the passcode may in itself be incriminating, since it demonstrates that you have an awareness and knowledge of the device and the means to unlock it. Which is to say, while the police may have the authority (when authorized by a proper warrant) to search your phone, they do not have the authority to compel you to give up your own rights by providing a passcode.
If that was the only argument, how would the following be different?
The reason you can refrain from [unlocking with your finger] is because the 5th Amendment protects you against self-incrimination, and the very act of [unlocking with your finger] may in itself be incriminating, since it demonstrates that you have an awareness and knowledge of the device and the means to unlock it. Which is to say, while the police may have the authority (when authorized by a proper warrant) to search your phone, they do not have the authority to compel you to give up your own rights by [unlocking with your finger].