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Stop Using Your Face or Thumb to Unlock Your Phone


The laws surrounding 5th Amendment protections and biometric passwords are still undecided, so just turn it off.

Last week, the 9th Circuit Court of Appeals in California released a ruling that concluded state highway police were acting lawfully when they forcibly unlocked a suspect’s phone using their fingerprint. The ruling was also complicated by the fact that Payne was on parole at the time, back in 2021, when he was stopped by California Highway Patrol where he allegedly had a stash of narcotics including fentanyl, fluoro-fentanyl, and cocaine. However, the panel said the evidence from his phone was lawfully acquired “because it required no cognitive exertion, placing it in the same category as a blood draw or a fingerprint taken at booking, and merely provided [police] with access to a source of potential information.”

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