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This is one of those issues where Federal judges in different states have ruled differently, so eventually the Supreme Court will have to weigh in on the issue.
by GeekyBear 8y ago
This is one of those issues where Federal judges in different states have ruled differently, so eventually the Supreme Court will have to weigh in on the issue.
For instance:
>A US judge last week denied police a warrant to unlock a number of devices using biometrics identifiers like fingerprints and faces, extending more privacy to device owners than previous recent cases.
The order comes from Northern California Federal District Judge Kandis Westmore in response to a request by the government to search and seize the devices found at a premises in Oakland, California, connected to two suspects.
The judge… made clear that she believes device owners should not have to testify against themselves, in accordance with US Fifth Amendment protection.
"Even if probable cause exists to seize devices located during a lawful search based on a reasonable belief that they belong to a suspect, probable cause does not permit the Government to compel a suspect to waive rights otherwise afforded by the Constitution, including the Fifth Amendment right against self-incrimination," she wrote in her order.
https://www.theregister.co.uk/2019/01/14/biometric_device_access/ https://www.theregister.co.uk/2019/01/14/biometric_device_ac...
- hannasanarion 8y agoThese two cases are very different. In one case the police have a suspect in custody and strong evidence that they were engaged in illegal arms dealing, and are looking for specific additional evidence. In the other, the police are basically going on a hunch, with suspects not in custody, and seeking to search the phones of a broad group of people for a broad array of evidence that they don't have good reason to believe exists. It's not as simple as "Can search phone? YES or NO" if the cops were asking to search filing cabinets, the rulings would be the same.