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 today seeded the release candidate version of iOS 18.5 to developers and public beta testers, giving us a look at the final version of the update that will be provided to the public next week.
With the release candidate, Apple provided release notes, so we have a more complete look at the new features that are included in the update, including those that weren't found during the beta...
If you owned a Siri-compatible device and had an accidental Siri activation between September 17, 2014 and December 31, 2024, you could be eligible for a payment from Apple as part of a class action lawsuit settlement.
Apple in January agreed to pay $95 million to settle a class action lawsuit involving Siri spying accusations, and a website to distribute the funds has now been set up and...
We've still got months to go before the new iPhone 17 models come out, but a combination of dummy models and leaks have given us some insight into what we can expect in terms of camera changes.
Apple is adding new camera features, and changing the design of the camera bump for some models. You might be skeptical of dummy models, but over the years, they've proven to be a highly accurate...
In its press release for the new Pride Band today, Apple said that iOS 18.5 is "upcoming," following more than a month of beta testing.
We expect the iOS 18.5 Release Candidate to be released this week, and this should be the final beta version, barring any last-minute bugs or changes. The software update should then be released to the general public next week.
iOS 18.5 is a relatively...
The first iOS 19 beta is just one month away, and there are already many new features and changes that are expected with it.
Apple should seed the first iOS 19 beta to developers immediately following the WWDC 2025 keynote, which is scheduled for Monday, June 9. Following beta testing, the update should be released to the general public in September.
Below, we recap the key iOS 19 rumors...
Apple plans to release its first foldable iPhone next year, according to several reporters and analysts who cover the company.
In his Power On newsletter today, Bloomberg's Mark Gurman said the foldable iPhone will offer two key advantages over other foldable smartphones.
First, he said the foldable iPhone will have a "nearly invisible" crease when unfolded. This means the device's...
Apple's upcoming foldable iPhone will feature a new type of display panel developed by Samsung that has never been used in a foldable product, claims a source with links to Apple's supply chain.
According to the account yeux1122 on the Korean Naver blog, the foldable iPhone will use a custom display process for which Apple will hold branding trademark rights, and that meets Apple's stringent ...
Despite being more than two years old, Apple's AirPods Pro 2 still dominate the premium wireless‑earbud space, thanks to a potent mix of top‑tier audio, class‑leading noise cancellation, and Apple's habit of delivering major new features through software updates. With AirPods Pro 3 widely expected to arrive in 2025, prospective buyers now face a familiar dilemma: snap up the proven...
