Cops can force suspect to unlock phone with thumbprint, US court rules

<a href="https:&#x2F;&#x2F;cdn.ca9.uscourts.gov&#x2F;datastore&#x2F;opinions&#x2F;2024&#x2F;04&#x2F;17&#x2F;22-50262.pdf" rel="nofollow">https:&#x2F;&#x2F;cdn.ca9.uscourts.gov&#x2F;datastore&#x2F;opinions&#x2F;2024&#x2F;04&#x2F;17&#x2F;2...</a><p>Payne was required as a part of his parole to reveal the passcode&#x2F;password to his electronic devices. He had already told, when asked, the officer the color and location of his phone, then when asked for the passcode he denied the phone was his. That&#x27;s when the officer physically forced him to unlock it with his thumb (this is the contentious part in the case).<p>The fourth amendment challenge against the search starts on page 10, and the fifth amendment challenge on page 21. The fact that he was a parolee substantially factors into the decision regarding the fourth amendment challenge.

Forcing me to apply my thumb to a fingerprint reader is, to my mind, no different than forcing me to empty my pockets to provide a key that unlocks something the court has ordered be unlocked.<p>Parolees have restrictions placed on them as part of their release, including the right of police to inspect things on their person and property. If parolees find those conditions burdensome, they are more than welcome to reject parole and finish their sentence as it was originally imposed.

On iOS, you can quickly ditch the current FaceID&#x2F;TouchID session, and require a passcode for the next unlock, by holding power and volume buttons simultaneously for several seconds until the &quot;power off&quot; screen appears.

It will be interesting some day if the line becomes blurred between &quot;what you know&quot; and &quot;what you are&quot; and you could be compelled to turn over something against your will. Because that boundary is if anything getting less clear over time?<p>For example, if your voiceprint were required to unlock your phone, but not a particular passphrase. Could you be compelled to speak (or just recorded speaking) general statements in order to unlock?

I already knew there was a legal separation between biometric access and password access. But what I’m still confused about is whether someone who is very security or privacy focused would ever willingly want to use Face ID or Touch ID.<p>Also, I believe things are different in civil trials too. I heard you might be compelled to give up a password and could even get in trouble if you claim you forgot it. It was a plot point in the Cryptonomicon novel.

From a practical point of view these kinds of cases are interesting to me, because, coming from an iPhone this seems like it would largely be a non-issue.<p>If my phone was handed to or taken by an officer, I would either quickly do the 5-tap on the lock button which will require a password (not faceid or touchid) next time, or, simply by them handling it, faceid would be locked out.<p>Is that not a thing with Android? I&#x27;ve seen articles where a suspect is requested or compelled to unlock a phone with biometrics which was held in evidence for months!<p>Does Android (and I know this is a much broader question than with iPhone) just allow touch&#x2F;face ID in perpetuity with no locks on it?

&gt; Payne&#x27;s Fifth Amendment claim &quot;rests entirely on whether the use of his thumb implicitly related certain facts to officers such that he can avail himself of the privilege against self-incrimination,&quot; the ruling said. Judges rejected his claim, holding &quot;that the compelled use of Payne&#x27;s thumb to unlock his phone (which he had already identified for the officers) required no cognitive exertion, placing it firmly in the same category as a blood draw or fingerprint taken at booking.&quot;<p>&gt; &quot;When Officer Coddington used Payne&#x27;s thumb to unlock his phone—which he could have accomplished even if Payne had been unconscious—he did not intrude on the contents of Payne&#x27;s mind,&quot; the court also said.<p>I think that is a pretty reasonable interpretation.

As I understand it, this has always been the case?<p>The point is that the police can&#x27;t prove you do or do not remember a code. Consequently, they can&#x27;t <i>compel</i> you to use that code.<p>However, since your thumbprint <i>definitely</i> exists, they can compel you to use it.

We need a privacy bill of rights. There shouldn’t be a separation between biometrics and passwords.

We&#x27;ve known this for a while; it&#x27;s why iPhones have mechanisms to explicitly require a something-you-know authentication.

Why force them and not borrow a tool from the FBI? Do you need a warrant to use those tools or something?

Anyone know why a cop might want to do be able to do this?

Yeah no. That goes against the 5th