alt Hacker NewsSomeone who is a lawyer knows any details about the US justice systems precedents with regards to the fifth amendmend (regards to self incrimination) vs obstruction of justice (by destroying evidence) as would be applicable to a duress wipe? Also would the distinction of being (or not) read their miranda rights and placed under arrest in this case make a difference as to the status of any possible obstruction?
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According to Homeland Security, within 100 miles of the border is a "constitution free zone". So there's a whole lot to unpack before we even get to miranda rights.
The moment you start talking, you're no longer using your 5th amendment rights. And anything that you tell an officer that is not truthful, such as providing the wrong password, can be considered a crime in itself. Even claiming you are innocent can be considered a separate crime if you are not proven innocent later on.
Not a lawyer, but my understanding is that refusal to give the PIN (“remaining silent”) would be a valid application of the 5th, but not giving a false PIN. 5th does not imply the right to mislead or lie to someone investigating a crime.
Not clear on anything else regarding the duress PIN but I don’t think a 5th defense would apply.
Note that you apparently have to explicitly invoke your right to remain silent or your silence could be implied as an admission of guilt (thanks to Salinas v. Texas). I imagine you’d have to repeat your assertion multiple times, and the person demanding the PIN will tell you that you can’t use the 5th, will threaten you with arrest and additional charges, etc. Consult a lawyer and get training if you’re doing critical work where you may need this defense.