Criminal suspects can refuse to provide phone passcodes to police under the US Constitution’s Fifth Amendment privilege against self-incrimination, according to a unanimous ruling issued today by Utah’s state Supreme Court. A court of appeals reversed the conviction, agreeing “With Valdez that he had a right under the Fifth Amendment to the United States Constitution to refuse to provide his passcode, and that the State violated that right when it used his refusal against him at trial.” The Utah Supreme Court affirmed the court of appeals ruling. Ruling against the state, the Utah Supreme Court said it “Agree[s] with the court of appeals that verbally providing a cell phone passcode is a testimonial communication under the Fifth Amendment.”

Source: Suspects can refuse to provide phone passcodes to police, court rules