Virginia judge: Police can demand a suspect unlock a phone with a fingerprint But passcodes need not be divulged as per the Fifth Amendment, court says.
by Megan Geuss Oct 31 2014 Ars Technica
A Virginia Circuit Court judge ruled on Thursday that a person does not need to provide a passcode to unlock their phone for the police. The court also ruled that demanding a suspect to provide a fingerprint to unlock a phone would be constitutional.
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No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
IANALB, I'm not sure which part of the Fifth Amendment applies more: "private property" being taken for "public use", or self-incrimination, or the lack of any due process.
Bill Horne Moderator