Using biometrics to unlock the phone is the equivalent of being forced to turn over a password
In many ways, the legal system has not caught up with technology. The way that we use and store data is ever-changing — and how courts respond to that reality has not kept pace. For example, many of us carry small computers in our pockets or our bags at almost all times. These computers (smart phones) contain untold amounts of data about our personal and professional lives. Should the police be able to access this information? If so, is a warrant required?
Previously, courts have ruled that law enforcement officers cannot force individuals to turn over their passwords because doing so violates their Fifth Amendment right. Among other protections, the Fifth Amendment guarantees the right to not testify against yourself (which is why many of us are familiar with the phrase “I take the Fifth!”). Forcing someone to provide their password is like making them testify against themselves. For this reason, it does not pass constitutional muster.
In a recent case out of the Northern District of California, a federal judge ruled that the same holds true for fingerprint scans, facial recognition scans, iris scans, and other biometric methods of opening smart phones. While other courts have determined that fingerprints are physical evidence and do not implicate the Fifth Amendment, this judge disagreed.
In an opinion titled, In the Matter of the Search of a Residence in Oakland, California, the judge denied federal law enforcement officers a search warrant that would have required a suspect to unlock his phone by facial recognition, fingerprint, or iris scan. The judge ruled that the goal of these methods is the same as forcing someone to turn over a password, finding, “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.”
There is no nationwide standard on whether law enforcement can force a person to unlock their phone in this manner yet. However, according to a criminal defense lawyer, Los Angeles, CA, police are required to have a search warrant in order to search the contents of your phone. Even if the police were to unlock your phone, they would still be required to obtain a separate warrant in order to search it. If they fail to do so, a skilled criminal defense lawyer, Los Angeles, CA could file a motion to suppress any evidence found in the phone.
At the Chambers Law Firm, we are advocates for our clients through each stage of the criminal justice process. We believe that each of our clients deserves an attorney who will stand up for their rights. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a seasoned criminal defense lawyer, Los Angeles, CA.
