Suspects can refuse to provide phone passcodes to police, court rules::Phone-unlocking case law is “total mess,” may be ripe for Supreme Court review.
Suspects can refuse to provide phone passcodes to police, court rules::Phone-unlocking case law is “total mess,” may be ripe for Supreme Court review.
But biometrics have never been covered by the 5th amendment. Police collect facial photos and fingerprints and have done so for years. On top of that any DNA you unknowing leave at a police station can be used as evidence (strand of hair, spit on the rim of a water glass). I would never recommend commiting a crime but if you do and have evidence of it on your phone don’t use biometrics.
Forcing someone to press on their phone to unlock it via fingerprunt is a lot different than just collecting data.
IMO, forced/coerced biometrics to unlock a device SHOULD be covered by 5A