Can Police Force Phone Unlock with a Thumbprint Scan?

 Posted on July 19, 2024 in Criminal Defense

According to a recent federal ruling by the US Court of Appeals for the 9th Circuit, the police can force a suspect to unlock his phone using a thumbprint scan. Although the Fifth Amendment of the US Constitution protects people from incriminating themselves, this ruling means that the protections in the amendment do not extend to a locked cell phone. This is quite a significant ruling, particularly because it covers the forced use of biometrics, an area of the law that has not been settled until now. This ruling can have far-reaching impacts on the legal processes for defendants. If you think you might be suspected of a crime, speak with a skilled Milwaukee, WI criminal defense attorney who can help you understand your rights and protect your interests.

When Can You Be Forced to Unlock Your Phone?

The appeals court based its decision on two previous rulings by the Supreme Court that had similar implications. In one case, Doe v. United States in 1988, a defendant was forced by the government to sign a document that provided his consent to disclosing his bank records as they related to accounts that the government was already aware of. In this case, the court believed that the act of signing the document was not an act of incrimination, especially because the bank could have ultimately been forced to produce the records. The second case, United States v. Hubbell in 2000, involved a subpoena that forced a suspect to make records available and answer questions about them. This time, the Supreme Court ruled against the government.

The different rulings were based on an understanding of how much of a person’s mind was being disclosed. Whether the police are justified in forcing you to provide information depends on the mental process behind whatever they force you to do and whether or not the act itself proves the validity of evidence.

Schedule a Free Consultation with a Walworth, WI Criminal Defense Lawyer

While this ruling is groundbreaking for addressing an area of the law that had not been addressed before, it does not apply to every case. As the law develops to meet new modern demands, it becomes more important to have someone by your side who understands legal implications and can advise you about your specific needs. If you are a suspect in a case and unsure of your rights, the best thing you can do is hire a knowledgeable Racine County, WI criminal defense attorney who can help you protect your rights and defend yourself. Call 262-303-4916 to schedule a free consultation at Bucher Law Group, LLC.