What constitutional amendment was cited by the defense in U.S. v. Fricosu regarding the forced surrender of a password?

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In the case of U.S. v. Fricosu, the defense cited the Fifth Amendment, which protects individuals from self-incrimination. The crux of the argument was that forcing Fricosu to disclose her password would compel her to provide evidence that could potentially incriminate herself. This aligns with the principle that no person should be forced to testify against themselves in a criminal case, as established by the Fifth Amendment.

While the Fourth Amendment, which protects against unreasonable searches and seizures, is indeed relevant in the context of obtaining passwords or accessing digital devices, the central issue in this case focused specifically on the individual's right against self-incrimination. Therefore, the Fifth Amendment's protection was paramount in the defense argument.

The First Amendment does not apply to issues regarding self-incrimination or passwords, and while both the Fifth and Fourth Amendments can relate to cases involving digital privacy, the specific citation in this instance pointed directly to the Fifth Amendment.

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