this post was submitted on 26 Aug 2023
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Privacy
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I understand the phone owner is not covered by the fifth amendment to prevent authorities from unlocking a device using biometrics, but authorities still need a warrant or probable cause as it falls into search of private property.
You sure that’s been ruled on? Not arguing, only feel like I’ve seen a lot more instances of police violating that than hearing they couldn’t do it.
Edit: my apologies, you’re right. I was able to check into it and see recent rulings. Warrant levels may vary, but they need a warrant.
Despite username similarities, I'm not Legal Eagle, nor do I have a legal background. Though I would be very much surprised if authorities in the US could search anybody's phone at will without consent, warrant, or reasonable suspicion.
This very much depends on the state. Some state courts (California) have ruled that one can refuse a request to unlock a phone via biometrics, while others (Minnesota) have ruled that you do not have the right to refuse.
My understanding is that a passcode or PIN can be considered "testimony", because you have to communicate this information, and testimony can't be forced.
But biometrics aren't always considered to be testimony, because it's something you ARE.