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

iphone_5s_touch_idA 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

imac video apple feature

Apple Unveils First New Products of 2026

Monday January 26, 2026 1:55 pm PST by
Apple today introduced its first two physical products of 2026: a second-generation AirTag and the Black Unity Connection Braided Solo Loop for the Apple Watch. Read our coverage of each announcement to learn more:Apple Unveils New AirTag With Longer Range, Louder Speaker, and More Apple Introduces New Black Unity Apple Watch BandBoth the new AirTag and the Black Unity Connection Braided...
iPhone 5s

iPhone 5s Gets New Software Update 13 Years After Launch

Monday January 26, 2026 3:56 pm PST by
Alongside iOS 26.2.1, Apple today released an updated version of iOS 12 for devices that are still running that operating system update, eight years after the software was first released. iOS 12.5.8 is available for the iPhone 5s and the iPhone 6, meaning Apple is continuing to support these devices for 13 and 12 years after launch, respectively. The iPhone 5s came out in September 2013,...
Apple Creator Studio

Apple's Next Launch is Today

Tuesday January 27, 2026 2:39 pm PST by
Update: Apple Creator Studio is now available. Apple Creator Studio launches this Wednesday, January 28. The all-in-one subscription provides access to the Final Cut Pro, Logic Pro, Pixelmator Pro, Motion, Compressor, and MainStage apps, with U.S. pricing set at $12.99 per month or $129 per year. A subscription to Apple Creator Studio also unlocks "intelligent features" and "premium...
Apple Logo Black

Apple Just Made Its Second-Biggest Acquisition Ever After Beats

Thursday January 29, 2026 10:07 am PST by
Apple today confirmed to Reuters that it has acquired Q.ai, an Israeli startup that is working on artificial intelligence technology for audio. Apple paid close to $2 billion for Q.ai, according to sources cited by the Financial Times. That would make this Apple's second-biggest acquisition ever, after it paid $3 billion for the popular headphone and audio brand Beats in 2014. Q.ai has...
Second Generation AirTag Feature

Apple Unveils New AirTag With Longer Range, Louder Speaker, and More

Monday January 26, 2026 6:07 am PST by
Apple today introduced the second-generation AirTag, with key features including longer range for tracking items and a louder speaker. For those who are not familiar, the AirTag is a small accessory that you can attach to your backpack, keys, or other items. Then, you can track the location of those items in the Find My app on the iPhone, iPad, Mac, Apple Watch, and iCloud.com. The new...

Top Rated Comments

flash84x Avatar
147 months ago
So if you get arrested, turn off your phone. It requires a passcode after a reboot.
Score: 115 Votes (Like | Disagree)
farewelwilliams Avatar
147 months ago
*attempts 10 times with an unregistered finger*
*device auto-wipes*
Score: 89 Votes (Like | Disagree)
flash84x Avatar
147 months ago
Apple should let us enroll a "distress finger". So that when it is used it wipes the device.
Score: 75 Votes (Like | Disagree)
larrylaffer Avatar
147 months ago
Easy: don't break the law.

Aw, you're so cute.
Score: 74 Votes (Like | Disagree)
deannnnn Avatar
147 months ago
Easy: don't break the law.
Score: 56 Votes (Like | Disagree)
flash84x Avatar
147 months ago
Yet another reason to not buy a device with Touch ID...

That's a stupid reason. You can always opt to not use it if you're this paranoid.
Score: 53 Votes (Like | Disagree)