Police Can't Force You to Unlock an iPhone Using Face ID or Touch ID, California Judge Rules

Law enforcement officials can't force smartphone users to unlock their devices using fingerprints or other biometric features such as facial recognition, according to a Northern California court ruling from last week.

The ruling, which was shared this morning by Forbes, was the result of an Oakland investigation into possible extortion. Police officers asked the court for permission to seize multiple devices and then compel the suspects to unlock the devices using biometric authentication.

faceidangle
The court said that there was indeed probable cause to grant a search warrant, but that it was denied because the request to force the suspects to unlock their devices using biometric authentication "funs afoul of the Fourth and Fifth Amendments." From the ruling:

The Government, however, also seeks the authority to compel any individual present at the time of the search to press a finger (including a thumb) or utilize other biometric features, such as facial or iris recognition, for the purposes of unlocking the digital devices found in order to permit a search of the contents as authorized by the search warrant.

For the reasons set forth below, the Court finds that the Government's request funs afoul of the Fourth and Fifth Amendments and the search warrant application must be DENIED.

In further analysis, the court equated biometric authentication to a passcode rather than something like submitting to a DNA swab. It has been previously established that under the Fifth Amendment, a suspect cannot be compelled to provide the passcode of a device.

Biometric features like Touch ID and Face ID, said the court, serve the same purpose as a passcode, securing the owner's content, "pragmatically rendering them functionally equivalent."

The ruling also made an interesting point about the urgency with which law enforcement officials attempt to get a suspect to unlock a device biometrically, because after a device is passcode locked (iPhones will passcode lock after a short period without a biometric unlock), the government can't compel a person to enter the passcode. This urgency essentially confirms that a passcode and a biometric lock are one and the same.

This urgency appears to be rooted in the Government's inability to compel the production of the passcode under the current jurisprudence. It follows, however, that if a person cannot be compelled to provide a passcode because it is a testimonial communication, a person cannot be compelled to provide one's finger, thumb, iris, face, or other biometric feature to unlock that same device.

Biometric authentication measures have been a hotly debated topic, and previous rulings have suggested that Touch ID and Face ID are not equivalent to a passcode, though most rulings have pertained to Touch ID as Face ID is newer.

This has allowed law enforcement to force suspects to unlock their iPhones and other devices using biometric authentication. In October, for example, the FBI was able to force a man accused of child abuse to unlock his iPhone using Face ID.

The California court's most recent ruling could potentially have an impact on future court cases of this type, perhaps putting an end to the practice of forced biometric smartphone unlocking and the belief that a passcode is not equivalent to a biometric lock.

For now, though, Apple has implemented a method to quickly and temporarily disable Touch ID and Face ID by pressing on the side button of recent iPhones five times in quick succession.

Note: Due to the political nature of the discussion regarding this topic, the discussion thread is located in our Politics, Religion, Social Issues forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Top Rated Comments

DrJohnnyN Avatar
64 months ago
It'll still happen.
Score: 13 Votes (Like | Disagree)
jonblatho Avatar
64 months ago
A step in the right direction, but as another said, it means little until a Supreme Court case inevitably comes about (through an appeal on this ruling or another case altogether) and delivers the final word on this matter.
Score: 8 Votes (Like | Disagree)
acctman Avatar
64 months ago
TouchID and passcodes I get, but in practical terms, how can you stop someone from holding your phone in front of you?
lock down or close your eyes... but even if they forced you, the evidence could not be used against you... any lawyer would jump on a chance to take a case where you've been forced.
Score: 8 Votes (Like | Disagree)
mudslag Avatar
64 months ago
Yet they can hold you down and take a blood sample.
They need a warrant to take blood if you initially refuse.
Score: 6 Votes (Like | Disagree)
JosephAW Avatar
64 months ago
Yet they can hold you down and take a blood sample.
Score: 4 Votes (Like | Disagree)
truthertech Avatar
64 months ago
Before anyone gets too excited either way, remember this is just one judge, in one court, out of many thousands, and has no precedent value whatsoever.
Score: 4 Votes (Like | Disagree)

Popular Stories

Apple Logo

Apple Discontinued These 5 Products This Year

Monday November 27, 2023 7:03 am PST by
As the end of 2023 nears, now is a good opportunity to look back at some of the devices and accessories that Apple discontinued throughout the year. Apple products discontinued in 2023 include the iPhone 13 mini, 13-inch MacBook Pro, MagSafe Battery Pack, MagSafe Duo Charger, and leather accessories. Also check out our lists of Apple products discontinued in 2022 and 2021. iPhone Mini ...
ios 17 namedrop

Police Departments and News Sites Spreading Misinformation About How iOS 17 NameDrop Feature Works

Monday November 27, 2023 5:11 pm PST by
Apple with iOS 17.1 and watchOS 10.1 introduced a new NameDrop feature that is designed to allow users to place Apple devices near one another to quickly exchange contact information. Sharing contact information is done with explicit user permission, but some news organizations and police departments have been spreading misinformation about how functions. As noted by The Washington Post,...
iOS 17

26 New Things Your iPhone Can Do With Next Month's iOS 17.2 Update

Wednesday November 22, 2023 10:57 pm PST by
Apple made the first beta of iOS 17.2 available to developers in October. Since then we've seen two more betas, and with each iteration Apple continues to add more new features and changes, many of which users have been anticipating for quite a while. Below, we've listed 26 new things that are coming to your iPhone when the finalized version is publicly released in December. 1. Help You...
iOS 17

iOS 17.1.2 Update for iPhone Likely to Be Released This Week

Monday November 27, 2023 8:24 am PST by
Apple will likely release iOS 17.1.2 this week, based on mounting evidence of the software in our website's analytics logs in recent days. As a minor update, iOS 17.1.2 should be focused on bug fixes, but it's unclear exactly which issues might be addressed. Some users have continued to experience Wi-Fi issues on iOS 17.1.1, so perhaps iOS 17.1.2 will include the same fix for Wi-Fi...
Cyber Monday Deals Feature 2022

40+ Apple Cyber Week Deals for AirPods, iPad, Apple Watch, and More

Sunday November 26, 2023 9:47 am PST by
Cyber Week has taken the place of Black Friday, and you'll find some of the same deals still around for the next few days, although many from Black Friday have now expired. This includes dozens of record low prices on Apple products like AirPods, iPad, Apple Watch, MacBook, iPhone, and more. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and make a...
General Black Friday Deals 2022 Green

40+ Apple Black Friday Deals Still Available for AirPods, iPhone, iPad and More

Friday November 24, 2023 5:01 am PST by
Black Friday 2023 has officially ended, but we're still tracking some of the best deals of the year on Apple products like AirPods, iPad, iPhone, MacBook, and many more. 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 running. Specifically, in this article we're...