It's still not perfectly clear whether or not law enforcement can force you
to unlock your phone with your fingerprint, but an LA court isn't waiting to
find out: for the first time in a federal case, a judge has ordered a person to
unlock her smartphone using her digits.
The FBI obtained a warrant requiring
that identity theft suspect Paytsar Bkhchadzhyan unlock her iPhone through
Touch ID just 45 minutes after her arrest. While it's not certain what the FBI
was looking for, Bkhchadzhyan eventually pleaded no contest to the charge.
The authority to do this appears to be based around a blend of legal
decisions. The Supreme Court has ruled that police can search your phone if
they have a warrant, and that they can order you to produce fingerprints
without a judge's approval. However, it's not certain that you can combine the
two.
As the LA Times explains, there's a dispute as to whether or not
using your fingerprint to unlock your phone is a violation of the Constitution's
5th Amendment, which protects against self-incrimination.
While a fingerprint
isn't the same as testifying, unlocking your phone could be treated that way.
Even with precedent from a 2014 Virginia case (which determined that
fingerprints are okay, but passcodes aren't) working in the feds' favor,
there's no guarantee that police can order fingerprint access going forward.
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Source: LA Times
In this article: streaming ,crime,
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