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

AirPods Pro Firmware Feature

Apple Releases Firmware Updates for AirPods Pro 2 and AirPods 4

Monday November 11, 2024 11:28 am PST by
Apple today released firmware updates for both AirPods 4 models (version number 7B20) and the AirPods Pro 2 with both Lightning and USB-C charging cases (version number 7B21). All of these AirPods models were previously on firmware version 7B19. It is not immediately clear what new features or changes are included in firmware versions 7B20 and 7B21, but we will update this story if we find...
General Final Cut Pro Feature

Apple Likely to Announce Final Cut Pro Update This Week With These New Features

Sunday November 10, 2024 12:13 pm PST by
In its announcement video for the new Mac mini last month, Apple teased an "upcoming" version of Final Cut Pro for the Mac. Apple will likely announce the update during the annual Final Cut Pro Creative Summit, which begins this Wednesday. The conference is held in association with Apple, and attendees will be visiting Apple Park on the first day. Apple already teased four new features...
iphone 6 thickness

iPhone 17 'Air' May Not Be Much Thinner Than iPhone 6

Monday November 11, 2024 5:18 am PST by
Next year's iPhone 17 "Air" model may not be as thin as Apple planned, according to a rumor originating in Korea. According to the news aggregator account "yeux1122" on Naver, citing industry sources, Apple has run into problems making the new iPhone 17 model sufficiently thin. The device's reduced thickness is apparently dependent on manufacturing a battery with a thinner substrate, but...
new mac holiday

The Best Early Black Friday Mac Deals

Monday November 11, 2024 7:45 am PST by
Black Friday is getting closer, and prices on MacBook Pro, MacBook Air, iMac, and Mac mini computers have started to drop as the shopping holiday nears. These deals include the latest models of the M4 MacBook Pro and iMac. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and make a purchase, we may receive a small payment, which helps us keep the site...
best buy holiday

Best Buy Reveals Black Friday Plans With Sitewide Sales Available Now

Friday November 8, 2024 10:05 am PST by
Black Friday sales are continuing today with Best Buy kicking off early Black Friday deals that will last for the next few days. Similar to other retailers, Best Buy's early Black Friday event includes sitewide savings on Apple products, headphones, TVs, monitors, video games, and more. Note: MacRumors is an affiliate partner with Best Buy. When you click a link and make a purchase, we may...
iOS 18 2 Share Item Location

Apple Announces iOS 18.2's New AirTag Location Sharing Feature Coming to These 15+ Airlines

Monday November 11, 2024 8:18 am PST by
Last week, we reported on a new feature in the Find My app on the iOS 18.2 beta that allows you to temporarily share an AirTag's location with a trusted person, and soon with airlines. Apple today announced the feature, providing more details. Apple said more than 15 airlines will offer the feature "in the coming months," including Delta, United, Air Canada, British Airways, Virgin Atlantic, ...
iOS 18

Here's Everything New in iOS 18.2 Beta 3

Monday November 11, 2024 4:53 pm PST by
Apple seeded the third betas of iOS 18.2 and iPadOS 18.2 to developers for testing today. While the third betas of each update are minor relative to the first two betas, there are still a handful of changes across the Photos app, TV app, and more. A corresponding iOS 18.2 public beta with these changes will likely be released later this week, and Apple previously confirmed that the software...
Next Generation CarPlay Porsche 1

Apple Continues to Prepare for Next-Generation CarPlay in iOS 18.2 Beta

Monday November 11, 2024 12:42 pm PST by
It has been nearly two and a half years since Apple first previewed next-generation CarPlay at WWDC 2022, and it has still yet to become available in any vehicles. Fortunately, though, Apple continues to work on the software system. Within the code for the third beta of iOS 18.2 seeded to developers today, there are redesigned "Climate" and "Media" app icons for next-generation CarPlay,...

Top Rated Comments

flash84x Avatar
131 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
131 months ago
*attempts 10 times with an unregistered finger*
*device auto-wipes*
Score: 89 Votes (Like | Disagree)
flash84x Avatar
131 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
131 months ago
Easy: don't break the law.

Aw, you're so cute.
Score: 74 Votes (Like | Disagree)
deannnnn Avatar
131 months ago
Easy: don't break the law.
Score: 56 Votes (Like | Disagree)
flash84x Avatar
131 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)