If the owner of the computer has been arrested and is the subject of a criminal investigation, he can not be forced to give the police a password because it is a violation of his rights protected by the 5th amendment.

A typical Miranda warning includes the language

> You have the right to remain silent (when being questioned).

Analysis

*Kirschner* and *Doe* support this answer.

*Boucher* does not apply because the defendant waived 5th amendment protection by initially cooperating. *Fricosu* does not apply because the encryption issue was mooted by a third party providing the password. In both cases, the 5th amendment was used to protect the defendant from being forced to produce the password. Another hurdle is the non-rebuttable assertion that the defendant might not remember the password. As *Fricosu* pointed out. 

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