alt Hacker NewsIt's like this: The 5th protects your password, which protects your data, which is already protected by the 4th, but things happen, which is why we have the 5th after the 4th and the password. Agents shouldn't be able to just take your info on the spot, but if they try, you have the 5th amendment right to try and stop them. I'm not a lawyer, but I play one online.
Sure - I'm just pointing out that it's pretty well accepted that they have a right to access your data for inspection when you cross the border, just as they do your luggage. I'm not happy or supportive of this, but it seems to be a lost battle absent new legislation.
The only consideration then is that they can't force you to help them access it. The fact that it's your data is irrelevant. This matters a lot if, for example, you have a copy of your password written down with you - as they are very much allowed to use that to acces your phone. Or, even more plausibly, if your phone is protected only by a biometrics, in which case they can compel you to provide those biometrics and access the phone that way.