this post was submitted on 16 Dec 2023
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Suspects can refuse to provide phone passcodes to police, court rules (arstechnica.com)
submitted 11 months ago by L4s to c/technology
91 comments fedilink hide all child comments
 

Suspects can refuse to provide phone passcodes to police, court rules::Phone-unlocking case law is "total mess," may be ripe for Supreme Court review.

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[–] AdamEatsAss 24 points 11 months ago (2 children)

But biometrics have never been covered by the 5th amendment. Police collect facial photos and fingerprints and have done so for years. On top of that any DNA you unknowing leave at a police station can be used as evidence (strand of hair, spit on the rim of a water glass). I would never recommend commiting a crime but if you do and have evidence of it on your phone don't use biometrics.

[–] CaptainSpaceman 32 points 11 months ago (1 children)

Forcing someone to press on their phone to unlock it via fingerprunt is a lot different than just collecting data.

IMO, forced/coerced biometrics to unlock a device SHOULD be covered by 5A

[–] AA5B 8 points 11 months ago

Exactly. If the hair I leave behind or my spit on the rim of a glass can unlock my phone, that sucks but those are public things I’ve left behind. Unless I leave my fingers behind on the officers desk, forcing me to unlock my phone with them should be should be a violation of my rights.