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by bodz 3206 days ago
All of this debate is pretty irrelevant since refusal to unlock a phone is reason for police to hold you indefinitely until you unlock it. It's a misconception that locking with a passcode means you've "defeated" the police somehow. Most officers probably won't deal with the hassle, but if the officer is in a particularly bad mood or if they have reason to suspect you actually do have something incriminating, the officer will just hand it back to you and tell you to unlock it, and if you don't, to the holding cell you go.
2 comments

Obviously the choice is going to be between complying or a holding cell. This allows you to make that choice instead of having it made for you. That's not irrelevant at all.
False. CBP yes. Police no. You do not have for follow their orders except for their safety. They'll have to drag you before a judge to force you to unlock it. And even then it is questionable is providing a password is protected constitutionally. Courts have ruled differently on this.
Not false. Police can ask for your password, and if you do not give it to them, you can be arrested pending a hearing with a judge. The judge can then compel you to give up the passcode (though they probably won't unless there's reasonable suspicion that you're hiding something - but again you're just banking on the judge's mood/feeling at that point), and if you don't, you can be held in prison until you do give it up.

The "questionable constitutionality" of it is irrelevant since in practice until there is a higher ruling on this, if you don't want to go to jail, you must give up your passcode.