Utah Supreme Court says suspects can refuse to hand over phone passwords to the police | Other state Supreme Courts disagree and the case would wind up before the US Supreme Court::undefined
Utah Supreme Court says suspects can refuse to hand over phone passwords to the police | Other state Supreme Courts disagree and the case would wind up before the US Supreme Court::undefined
5A protections SHOULD cover divulging passwords or being forced to supply biometrics as a password.
Now, if the police/feds can take fingerprints obtained at booking and use a 3d printer to simulate that finger and then use that fake finger to open a lock, then I dont think 5A would protect that. Thats just crafty detective work.
Yeah biometrics historically haven’t been protected by the 5th amendment. I have seen other people argue that not supplying the password if the police obtain a warrant can result in obstruction of justice charges. I like to think it wouldn’t. They have the phone and a warrant it’s up to them to figure it out, a person doesn’t have to point out where they hide things in their home to police.
But if you don’t open the safe, they can destroy it to retrieve the contents. They could destroy your phone too in the process.
It’s pretty well established that any biometric can just be taken from you — facial recognition is super easy and it won’t be hard to force your thumb onto the sensor.
This is also the case for things like blood draw for blood alcohol testing.
The only unlock key that’s (probably) truly yours is something inside your brain.
Being well established and being valid are two different things.