Court Forces Fingerprint Phone Unlock

grarpamp grarpamp at
Tue Jul 26 00:08:25 PDT 2016

 A second federal judge has ruled that a suspect can be compelled to
unlock their iPhone using their fingerprint in order to give
investigators access to data which can be used as evidence against
them. The first time this ever happened in a federal case was back in
May, following a District Court ruling in 2014. The legal position of
forcing suspects to use their fingerprints to unlock devices won't be
known with certainty until a case reaches the U.S. Supreme Court, but
lower court rulings so far appear to establish a precedent which is at
odds with that concerning passcodes. Most constitutional experts
appear to believe that the Fifth Amendment prevents a suspect from
being compelled to reveal a password or passcode, as this would amount
to forced self-incrimination -- though even this isn't certain.
Fingerprints, in contrast, have traditionally been viewed as 'real or
physical evidence,' meaning that police are entitled to take them
without permission.

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