Police can’t demand you reveal your phone passcode then tell a jury you refused
&gt; this case turns on one of the most fundamental protections in our constitutional system: an accused person’s ability to exercise his Fifth Amendment rights without having his silence used against him.<p>A very interesting tidbit I learned here on HN a couple years back — the Supreme Court ruled in 1992 that you have to declare out loud an intent to invoke your Fifth Amendment rights, if you haven’t been formally arrested yet. Literal “silence” may be acceptable after being Mirandized, but not necessarily before.<p><a href="https:&#x2F;&#x2F;harronlaw.com&#x2F;blog&#x2F;miranda-rights-texas&#x2F;" rel="nofollow">https:&#x2F;&#x2F;harronlaw.com&#x2F;blog&#x2F;miranda-rights-texas&#x2F;</a><p><a href="https:&#x2F;&#x2F;www.oyez.org&#x2F;cases&#x2F;2012&#x2F;12-246" rel="nofollow">https:&#x2F;&#x2F;www.oyez.org&#x2F;cases&#x2F;2012&#x2F;12-246</a><p>“Question: Does the Fifth Amendment&#x27;s Self-Incrimination Clause protects a defendant&#x27;s refusal to answer questions asked by law enforcement before he has been arrested or read his Miranda rights?”<p>No, by 5-4 vote.