Judge Rules No 5th Amendment Protections For Fingerprint-Protected Phones

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Court Rules Police Can Force Users To Unlock iPhones With Fingerprints, But Not Passcodes

” A Circuit Court judge in Virginia has ruled that fingerprints are not protected by the Fifth Amendment, a decision that has clear privacy implications for fingerprint-protected devices like newer iPhones and iPads.

  According to Judge Steven C. Fucci, while a criminal defendant can’t be compelled to hand over a passcode to police officers for the purpose of unlocking a cellular device, law enforcement officials can compel a defendant to give up a fingerprint.

  The Fifth Amendment states that “no person shall be compelled in any criminal case to be a witness against himself,” which protects memorized information like passwords and passcodes, but it does not extend to fingerprints in the eyes of the law, as speculated by Wired last year. “

MacRumors

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