Minnesota Supreme Court Says Unlocking A Phone With A Fingerprint Isn't A Fifth Amendment ...

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from the non-testimonial-act-of-producing-evidence-against-yourself dept

When it comes to the Fifth Amendment, you're better off with a
password or PIN securing your device, rather than your
fingerprint. Cellphone manufacturers introduced fingerprint readers in
an effort to protect users from thieves or other unauthorized
access. But it does nothing at all to prevent law enforcement from
using their fingerprints to unlock seized devices.

The US Supreme Court hasn't seen a case involving compelled production
of fingerprints land on its desk yet and there's very little in the
way of federal court decisions to provide guidance. What we have to
work with is scattered state court decisions and the implicit
understanding that no matter how judges rule, a refusal to turn over a
fingerprint or a password is little more than a way to add years to an
eventual sentence.


Bill Horne
(Remove QRM from my email address to write to me directly)

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