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.
Judge Steven C. Frucci ruled this week that giving police a fingerprint is akin to providing a DNA or handwriting sample or an actual key, which the law permits. A pass code, though, requires the defendant to divulge knowledge, which the law protects against, according to Frucci's written opinion.
The ruling stemmed from a case involving David Baust, who was accused of strangling his girlfriend. Prosecutors believed Baust may have stored video of the attack on his phone, and requested that the judge force him to unlock it. If protected by a passcode, Baust will not be required to unlock his phone under the Fifth Amendment, but if protected with a fingerprint, he could potentially be forced to unlock the device.
If Baust's phone is an iPhone that's equipped with Touch ID, it's very likely that it will be passcode locked at this point and thus protected by law. Touch ID requires a passcode after 48 hours of disuse, a restart, or three failed fingerprint entry attempts, and the device has probably been in police custody for quite some time. It is unclear if the judge's ruling will have an impact on future cases involving cellular devices protected with fingerprint sensors, as it could be overturned by an appeal or a higher court.
Popular Stories
Apple is expected to announce iOS 18 during its WWDC keynote on June 10, and new features have already been rumored for many apps, including Apple Music, Apple Maps, Calculator, Messages, Notes, Safari, and others. Below, we recap iOS 18 rumors on a per-app basis, based on reports from MacRumors, Bloomberg's Mark Gurman, and others: Apple Maps: At least two new Apple Maps features are...
In his Power On newsletter today, Bloomberg's Mark Gurman outlined some of the new products he expects Apple to announce at its "Let Loose" event on May 7. Subscribe to the MacRumors YouTube channel for more videos. First, Gurman now believes there is a "strong possibility" that the upcoming iPad Pro models will be equipped with Apple's next-generation M4 chip, rather than the M3 chip that...
Apple's upcoming iPad Pro models will feature "by far the best OLED tablet panels on the market," according to Display Supply Chain Consultants. Set to be announced on May 7, the OLED iPad Pro models will feature LTPO (a more power efficient form of OLED), a 120Hz ProMotion refresh rate, and a tandem stack and glass thinning that will bring "ultra-thin and light displays" that support high...
Bloomberg's Mark Gurman today said that iOS 18 will "overhaul" many of Apple's built-in apps, including Notes, Mail, Photos, and Fitness. Gurman did not reveal any specific new features planned for these apps. It was previously rumored that the Notes app will gain support for displaying more math equations, and a built-in option to record voice memos, but this is the first time we have...
Best Buy today has discounted Apple's M1 iPad Air (64GB Wi-Fi) to a new all-time low price of $399.99 in the Starlight color option, down from $599.99. Best Buy says this deal will last through the end of the day, and it's only available in one color at this record low price. Note: MacRumors is an affiliate partner with Best Buy. When you click a link and make a purchase, we may receive a...
Apple has announced it will be holding a special event on Tuesday, May 7 at 7 a.m. Pacific Time (10 a.m. Eastern Time), with a live stream to be available on Apple.com and on YouTube as usual. The event invitation has a tagline of "Let Loose" and shows an artistic render of an Apple Pencil, suggesting that iPads will be a focus of the event. Subscribe to the MacRumors YouTube channel for more ...
With iOS 17.5, Apple is adding a "Repair State" feature that is designed to allow an iPhone to be sent in for service without deactivating Find My and Activation Lock. The fourth iOS 17.5 beta that came out today adds a "Remove This Device" option for all devices in Find My, and using it with an iPhone puts that iPhone into the new Repair State. Right now, sending an iPhone to Apple to be...
Top Rated Comments
*device auto-wipes*
Aw, you're so cute.
That's a stupid reason. You can always opt to not use it if you're this paranoid.