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Don't ever hand your phone to the cops

Even if you’ve got nothing to hide.

California’s are for use at “select TSA checkpoints” and participating businesses, for instance — they aren’t meant to be used as identification in traffic stops or other police interactions, which means users are supposed to continue carrying their physical IDs. But if you hand over your unlocked phone to a police officer and offer to show them something, “it becomes this complicated factual question about what consent you’ve granted for a search and what the limits of that are,” Brett Max Kaufman, a senior staff attorney in the ACLU’s Center for Democracy, told The Verge. The court said its ruling shouldn’t necessarily extend to “all instances where a biometric is used to unlock an electronic device” because Fifth Amendment questions “are highly fact dependent and the line between what is testimonial and what is not is particularly fine.” And as Recode pointed out in 2020, a defense attorney could argue that any evidence found this way is illegal and should be suppressed — but that’s a risky bet.

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