ordered by a judge to produce a pass code to phones suspected of containing text messages showing their collusion in the extortion plot. If we had a Constitutional Amendment making “Probable Cause”( Most Likely, Almost Certain) the standard for a warrant instead of “Reasonable Suspicion”(maybe, i think so, could have,...) maybe these types of Abuses wouldn’t happen.
You are Correct! When standing in Criminal Court in Front of a Judge you are supposed to be protected from being Ordered to Incriminate yourself. Producing your writings is the same as testifying.
The 5th Amendment only coveres what is called testimonial evidence. Evidence of a physical nature is not testitmonial. This includes things such as DNA, fingerprints and handwriting. It even includes a voice sample. The question is whether a passcode is testimonial. My belief is yes, it should be. But I can see a court reaching the contrary decision. It will be an interesting case to go up to the SCOTUS.